THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.26755 of 2009 ORDER: The petitioners have encroached a bit of land between the road and the irrigation canal at Avanigadda. The authorities of the Roads and Buildings, Revenue Departments and Gram Panchayat initiated proceedings for eviction to clear the congestion. Notices under Section 7 of the Land Encroachment Act, 1905 (for short ‘the Act’) were issued. The petitioners complain that without passing orders under Section 6 of the Act, the respondents are trying to evict them. Separate counter-affidavits are filed by the respective respondents. It is stated that the illegal encroachments made by the petitioners have resulted in traffic congestion and public nuisance. According to the 1st respondent, all the petitioners were provided house sites under a Government Scheme and still the respondents are not moving out. Heard learned counsel for the petitioners, learned Government Pleader for Revenue, learned Government Pleader for Roads and Buildings and learned Standing Counsel for the Gram Panchayat. It has become a widespread phenomenon in the State for the people to encroach road margins, canal bunds, etc. There may be some justification for deserving poor to have a shelter of that nature. However, in the recent past, there are instances, wherein the people, who own pucca houses, are also resorting to encroachment to get the benefit of compensation or alternative sites. Obviously, on account of the congestion caused on the road, due to encroachments made by the petitioners, the respondents have initiated steps. On the one hand, the notices under Section 7 of the Act are issued, and on the other hand, the alternative sites are provided, as a social security measure. The petitioners ought to have happily moved out to the sites provided to them, in stead of resisting the efforts made by the respondents. Hence, the Writ Petition is disposed of, directing that, a) as an when the respondents handover the house site pattas to the petitioners, the respondents shall be entitled to evict them, without any necessity of issuing any further notices or proceedings; and b) in case any of the petitioners are not inclined to accept the offer of alternative site, the respondents shall be entitled to evict them by passing orders under Section 6 of the Act. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.05.02.2010. GJ