IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY SATURDAY, THE SIXTH DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.9466 of 2001 Between: Yerra Pydi Raju and two others. … Petitioners And The Mandal Revenue Officer, Anandapuram Mandal, Visakhapatnam district and another. … Respondents Counsel for the petitioners: Sri Deepak Mishra for Sri Koka Raghava Rao. Counsel for the respondents: None This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in issuing proceedings dated ---/2/2001 under Section 6 of the A.P. Land Encroachment Act, 1905 (for short “the Act”) as illegal. Heard Sri Deepak Mishra, counsel representing Sri Koka Raghava Rao, learned counsel for the petitioners, and perused the record. The petitioners claimed that they are in possession of Ac.9.40 cents comprised in Survey No.109/2 of Gorinta village, Anandapuram Mandal, Visakhapatnam District. While the petitioners admit that the said land is a Government waste land occupied by them in the year 1991 and developed by spending huge money and raising cashew plantation, they also claimed that they have applied for D-Form pattas. They felt aggrieved by the impugned proceedings issued under Section 6 of the Act. They assailed the validity of the said proceedings on the ground that respondent No.1 has not issued notice under Section 7 of the Act. A perusal of the impugned proceedings shows that there is no reference to the notice issued under Section 7 of the Act. No counter- aﬃdavit has been ﬁled by the respondents to controvert the speciﬁc averment raised by the petitioners that the impugned proceedings are not preceded by issuance of notice under Section 7 of the Act. As giving notice under Section 7 of the Act and consideration of the explanation, if any, ﬁled in response to such notice, before passing order of eviction under Section 6, is mandatory, the impugned proceedings issued in violation of the said procedure is illegal and is liable to be set aside. The Writ Petition is, therefore, allowed and the impugned proceeding is set aside. Liberty is, however, given to the respondents to initiate proceedings afresh in accordance with the procedure contained in Section 7 of the Act. -------------------------- ------------- C.V.NAGARJUNA REDDY,J Date: 06-9-2008 MNR