HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.19668 of 2010 Date: August 10, 2010 Between: Viswa Brahmana Sankshema Sangam, Podili Village and Mandal, Prakasam District, represented by its President Samanthapudi Nageswara Rao, S/o.Sri Subbaraidu, aged 52 years, Prakasam District … Petitioner And The Tahsildar, Podili Mandal, Prakasam District, and another … Respondents Order: Petitioner seeks a Writ of Mandamus declaring the action of respondent No.1-Tahsildar, Podili Mandal, Prakasam District, in issuing notice dated 06-08-2010, under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 to remove structures raised over an extent of Ac.0.21 cents of land in Sy.No.853/2 of Podili Village and Mandal, Prakasam District, as illegal and arbitrary. In the impugned notice, it is alleged that the President of the petitioner-Sangham encroached the aforesaid extent of land which is being used as burial ground and constructed commercial complex and also a community hall thereon. The grievance of the petitioner is that even before final adjudication is made; the impugned notice is been issued to remove the structures, on the subject land straightaway, on or before 12-08-2010. Under the scheme of the Andhra Pradesh Land Encroachment Act, 1905 proceedings under Section 7 are in the form of show-cause proceedings. Unless final notice is issued and final orders are passed, no steps can be taken for removal of encroachments, if any. As it is stated that no final order has been passed by issuing notice under Section 6 of the Act, there is no reason to entertain this writ petition at this stage. However, basing on the notice issued under Section 7 of the Act, the petitioner also cannot be dispossessed from the disputed land and structures. For the aforesaid reasons, I dispose of the writ petition permitting the petitioner to file explanation to the impugned notice within two weeks form today. Further, there shall be a direction to the respondents to consider the explanation to be filed by the petitioner and pass appropriate final orders. Till such time, no steps shall be taken to evict the petitioner from the land in question and structures existing thereon. No order as to costs. ___________________ (R. SUBHASH REDDY, J) August 10, 2010 N.B. Communicate operative portion by WIRE at party’s costs. B.O. MRR