IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23806 of 2001 Between: L.E.Venugopal ..... PETITIONER AND The District Collector, Kurnol District and another .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an order, direction or a Writ Particularly one in the nature of a Writ of certiorari calling for the records relating to the order of the Hon'ble A.P. Administrative Tribunal dated.......in O.A.No...........and to quash the same and to pass. Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.23806 OF 2001 ORAL ORDER This writ petition is ﬁled challenging the notice dated.06.11.2001 issued by the 2nd respondent-Mandal Revenue Oﬃcer, Veldurthy Mandal, Kurnool District seeking to evict the petitioner from the road margin in S.No.260 of Veldurthy village under the provisions of the Land Encroachment Act,1905. Though the fact that the petitioner is an encroacher of the land in question is not disputed, it is contended by the petitioner that the impugned action of the respondents in seeking to evict the petitioner alone leaving other encroachers who are also similarly situated is arbitrary and illegal. In the counter-aﬃdavit ﬁled by the respondents, the allegation of the petitioner is denied and it is stated that the other encroachments are on the R&B road and R&B oﬃcials also initiated action for removal of the said encroachments. It is also stated that similar action has been taken by the respondents against the lorry owners association which is in occupation of the adjacent land situated in Sy.No.260. Be that as it may, since the impugned notice is nothing but a show cause notice issued under Section.7 of the Land Encroachment Act,1905 calling upon the petitioner to show cause as to why he should not be evicted from the land in question, the petitioner ought to have submitted his explanation raising all the objections against the proposed action in which event appropriate final orders would have been passed by the respondents. The writ petition apparently being premature, I deem it appropriate to dispose of the writ petition permitting the petitioner to submit his explanation to the impugned show cause notice dated.06-11-2001 within a period of six(6) weeks from today. If any such explanation is submitted, the respondents shall consider the same and pass appropriate orders in accordance with law. Till such time the petitioner shall not be evicted from the land in question if he is in possession as on today. No costs. _____________ G.ROHINI,J 18th November,2008 NOTE: Issue CC in three(3) days. (B/O) *TSNR