THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31801 OF 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the third respondent, in issuing orders of eviction under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, “the Act”) without considering the objections submitted by the petitioners in reply to the notice under Section 7 of the Act, as arbitrary and illegal. A consequential direction is sought to set aside the orders passed under Section 6 of the Act. Section 7 of the Act requires the competent authority to put the land encroachers on notice, and give them an opportunity to show cause as to why they should not be evicted from the lands encroached upon by them. Thereafter, the authority is entitled to issue proceedings under Section 6 of the Act against which an appeal lies under Section 10 of the Act to the Collector. The very fact that a statutory remedy of appeal is provided would necessitate a reasoned order being passed by the Tahsildar, after a notice is issued under Section 7 of the Act, and after the objections, ﬁled by those who have been asked to show cause, are considered. It is only after an order is passed can proceedings under Section 6 of the Act be issued. Admittedly no such order has been passed considering the petitioners’ objections even without which Section 6 proceedings have been issued. When the matter was listed on 01.12.2011, Learned Government Pleader for Revenue (Assignment) sought time to obtain instructions. Today, the Learned Government Pleader would submit that the subject lands are government lands; and action was initiated for eviction in compliance with the order of this Court. The order of this Court, in W.P.MP.No.28428 of 2011 in W.P.No.23224 of 2011 dated 02.09.2011 required the respondents to take appropriate steps to remove the encroachments after following due process of law within a period of three months. The respondents have not acted in compliance with the aforesaid order of this Court, as they have not adhered to the procedure prescribed under the Act for eviction of the petitioners from the subject lands. The impugned order, under Section 6 of the Act, is therefore set aside. It is made clear that this order shall not preclude the respondents from passing an order, on the objections ﬁled by the petitioners in reply to the show-cause notice issued under Section 7 of the Act, and thereafter pass orders under Section 6 of the Act granting the petitioners reasonable time to vacate the subject lands (say two weeks). The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J December 02, 2011 Note: Issue C.C. by 05.12.2011. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31801 OF 2011 December 02, 2011 MD