IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 10825 of 2008 Between: Kara Venkata Veera Pratap Narayana, S/o. late Satyanarayana, R/o. Mysannagudem, Jangareddygudem Mandal, W.G.District. ..... PETITIONER AND 1 The Tahsildar, Jangareddygudem Mandal, W.G.District. 2 The Collector, W.G.Dstrict, Eluru. .....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 of Mandamus or any other appropriate Writ, order or direction, declaring the action of the respondents seeking to evict the Petitioner from the land to an extent of Ac.0.03 cents in Sy.No.155/4 of Mysanngudem Villge, Jangareddigudem Mandal,W.G.District without following the procedure contemplated under A.P.Land Encroachment Act, 1905 and also contrary to the Article 21 of the Constitution of India and consequently direct the respondents not to evict the Petitioner from the land in his possession to an extent of Ac.0.03 cents in Sy.No.155/4 of Mysammagudem Village, Jangaredigudem Mandal, W.G.District. Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: The petitioner is said to be in occupation of Ac.0.03 cents of land in survey No.155/4 of Mysanngudem Village, Jangareddigudem Mandal, West Godavari District. The first respondent issued a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’), directing the petitioner to explain as to why he shall not be evicted from the encroachment. The petitioner claims to have submitted an explanation on 05.05.2008. His grievance is that even before any orders are passed in pursuance of the notice and explanation, the respondents are trying to evict him. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The respondents themselves recognized that the petitioner can be evicted, only after following the procedure prescribed by law and accordingly, issued notice under Section 7 of the Act. Further steps are to be taken, only depending upon the nature of the order that may be passed under Section 6 of the Act. Till such order is passed, the petitioner cannot be evicted forcibly. Hence, the writ petition is disposed of, directing that the respondents shall not evict the petitioner, till final order under Section 6 of the Act, is passed by the competent authority. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:22.05.2008. Note: Issue cc in two days. (B/o) GJ/KDL ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}