HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16745 OF 2010 Date: 14th July 2010 Between: B.Thimma Reddy. … Petitioner And The District Collector, Kurnool District & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16745 OF 2010 ORDER: Heard learned counsel for petitioner and also the learned Government Pleader for Revenue, appearing for respondents. In this writ petition, the petitioner has questioned the notice, dated 03.07.2010, issued against him under Section 7 of the A.P. Land Encroachment Act, 1905. In the aforesaid notice, it is alleged that the lands covered by Survey Numbers 330, 331 and 332, admeasuring Ac.3-58 cents, Ac.5-38 cents and Ac.3-00 cents respectively, were encroached upon by the petitioner. In this writ petition, it is the case of the petitioner that the lands in question are his ancestral properties and that their ancestors are in possession of the said lands right from 1931 onwards, and there is no basis for the allegation of the respondents that the said lands are encroached lands. It is submitted that in view of the passbooks, which are already issued to the petitioner showing him as pattedar and title holder of the lands in question, initiation of proceedings under the provisions of the A.P. Land Encroachment Act, 1905, is illegal. While it is true that if the petitioner or his ancestors are in possession of the lands in question from 1931 onwards, they cannot be evicted under the provisions of the Land Encroachment Act. However, the present notice is only in the nature of a show cause notice, the petitioner as well raise such objections before the respondent authorities. Even if an adverse order is passed after filing his explanation, it is open for the petitioner to avail the remedies available under the Act and also question the same before this Court. For the aforesaid reasons, I deem it appropriate to dispose of this writ petition, permitting the petitioner to file his objections to the notice, dated 03.07.2010, within a period of four weeks from today. If such objections are filed, respondents are directed to consider the claim of the petitioner with reference to the objections raised by him, and also in the light of the judgment of this Court in the case of Thummala Krishna Rao Vs. State of A.P.[1] It is made clear that in the event of passing any adverse orders also, no steps shall be taken for dispossession of petitioner from the lands in question, for a period of two months from the date of service of said orders on the petitioner. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 14th July 2010 ajr [1] AIR 1982 SC 1081