IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 10959 of 2009 Between: Malla Appa Rao S/o.Jogi Naidu R/o.Rajivnagar colony, Thotada village Munagapaka Mandal, Visakhapatnam District ..... PETITIONER AND 1 The State of Andhra Pradesh,rep.by the District Collector Visakhapatnam District 2 The Tahsildar,Munagapaka Mandal,Visakhapatnam District .....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 issue a writ order or direction more particularly one in the nature of mandamus declaring the proceedings of the 2nd respondent in R.C.No.130/2009/A dated 28.5.2009 as being illegal, unjust,arbitrary, and violative of Articles, 14 and 21 of the Constitution of India and be pleased to pass Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.10959 OF 2009 ORAL ORDER The writ petition is misconceived. The petitioner admittedly encroached on an extent of Ac.0.04 cents of land in Sy.No.400 of Pandavula Konda, Thotada village, Munagapaka mandal, Visakhapatnam District. According to the petitioner, about four decades ago and with the blessings of the panchayat Sarpanch he constructed a thatched house on the encroached land and is in possession thereof since then. It is alleged that the 2nd respondent issued the impugned notice dated.28-05-2009 which reads as under:- “Gram panchayat has passed Resolution for the construction of Sub-Centre in Sy.No.400, Konda Poramboke, Thotada village, Munagapaka Mandal. In the said land you have encroached and constructed Gobar Gas Plant and Cattle Shed. I direct you to vacate the land immediately or else action will be taken against you. If you any document and other material, give explanation on 30-05-2009 at 11.00 a.m. in the office of the Tahasildar by appearing in person.” The impugned notice merely states that the petitioner had encroached and constructed a Gobar Gas Plant and Cattle Shed in the land in question, a fact which is admitted by the petitioner. The notice further directs the petitioner to vacate the encroachment or action would be initiated. The petitioner is given an opportunity to furnish any documentary or other material to establish his title to the property. In fact, no such notice of initiation of appropriate proceedings is necessary and it would have been open to the respondents, in particular the 2nd respondent, to initiate proceedings under the Land Encroachment Act. The impugned notice is a superfluity but no fault can be found for such a course of action by the 2nd respondent. As and when formal proceedings for eviction are initiated, the petitioner may pursue appropriate remedies in law. The writ petition is misconceived and is accordingly dismissed at the stage of admission. No costs. _________________ GODA RAGHURAM,J 5th JUNE 2009 *TSNR