THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 15663 OF 2011 Date of Judgment: 10.6.2011 Between: B.N. Manga Devi and another …Petitioners and The State of Andhra Pradesh represented by its Principal Secretary, Revenue Department and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 15663 OF 2011 ORDER: This writ petition is filed seeking a writ of mandamus declaring the action of the third respondent in initiating the proceedings under the Andhra Pradesh Land Encroachment Act, 1905 (for short “the Act”) in respect of the petitioners’ property as illegal, arbitrary and without jurisdiction. This writ petition was filed by both the petitioners herein on 9.6.2011. It appears that this writ petition was listed for hearing as to admission yesterday before another learned Judge and after hearing the matter for some time, it was represented on behalf of the Government that orders under Section 6 of the Act have already been passed against the petitioners. Hence this writ petition was adjourned to today to enable the learned Government Pleader to produce the said orders. The said order is now produced before this court in the afternoon session which shows that on 7.6.2011 orders under Section 6 of the Act were issued against the petitioners by rejecting their objections and holding that they are in unauthorized possession of the Government land and notice under Section 6 of the Act was further issued authorizing the Mandal Revenue Inspector to execute the said order. It is contended by the learned counsel for the petitioners that on the very next day of passing of the aforesaid order, the respondents have forcibly evicted the petitioners by throwing out all their belongings without even giving them time to prefer an appeal to seek further remedies. The learned counsel has produced photographs dated 8.6.2011 showing the extent and the manner of dispossession. The learned counsel also states that the said action of the respondents is in total violation of the orders of this Court in WP No. 29057 of 2008, dated 7.12.2010. The learned Government Pleader, on the other hand, submits that the present writ petition is one in the series of writ petitions which were filed by the petitioners for similar reliefs and that the Government has rightly invoked the provisions of the Act and after considering the representations of the petitioners, orders under Section 6 of the Act have been passed and those orders have been executed in accordance with law. There is a strong contest between the parties on the manner in which the proceedings were initiated by the respondents under the Act and its execution. So far as the scope of the present writ petition is concerned, the initiation of the proceedings under the said Act is questioned in this writ petition, but the said initiation of the proceedings has culminated into a final order dated 7.6.2011. Therefore, I am of the view that nothing survives for consideration in this writ petition as of now. So far as the grievance of the petitioners relating to excess execution or highhanded execution of the orders as well as legality and propriety of the final orders under Section 6 of the Act, the petitioners are at liberty to take appropriate legal proceedings available including an appeal against the said final order dated 7.6.2011. Keeping all the said liberties of the petitioners open, this writ petition is liable to be dismissed and it is accordingly dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 10.6.2011 KR