THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17279 of 2010 ORDER: Apprehending dispossession from his land admeasuring Ac.1.00 covered by Survey No.393/1 situated at Guduru Village and Mandal, Krishna District, the petitioner filed this writ petition. It is the case of the petitioner that he purchased the above said land from its earlier owner, namely, Gorivarthi Venkateswarlu by entering into an agreement of sale coupled with possession and paid entire sale consideration in 1977 and since then, he is in continuous and uninterrupted possession of the same. Alleging his encroachment on the aforesaid piece of land, the respondents have initiated proceedings against him under the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) and a notice, dated 05.01.2010 as contemplated under Section 7 of the Act was issued to him and it is in the nature of a show cause notice. It is submitted that the petitioner has already filed explanation to the show cause notice and in spite of the same, the respondents are taking steps to dispossess him. When the matter came up for hearing on 20.07.2010, it was adjourned to enable the learned Government Pleader for Revenue appearing for the respondents to get instructions. Today, on instructions, it is submitted by the learned Assistant Government Pleader for Revenue that pursuant to the explanation filed by the petitioner, the matter is under enquiry and no notice is issued to him under Section 6 of the Act. In the absence of any notice issued under Section 6 of the Act, the petitioner cannot be dispossessed from the disputed land. It appears, only basing on the notice issued under Section 7 of the Act and even before passing final orders, the petitioner has approached this Court. In that view of the matter, I deem it appropriate to direct the respondents that without passing appropriate orders and till such orders are communicated to the petitioner, no steps shall be taken to dispossess him from the land admeasuring Ac.1.00 covered by Survey No.393/1 situated at Guduru Village and Mandal, Krishna District. It is made clear that if any adverse order is passed, it is open to the petitioner to avail the remedies available to him under the Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 27th JULY, 2010. Note: issue operative portion by ‘wire’ at party’s costs. kvni