THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33956 of 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the respondents in trying to evict the petitioner from lands of an extent of Ac.0-10 ¾ cents in Sy.No.163/2 of Pithapuram village and Mandal, East Godavari District as arbitrary and illegal. A notice under Section 7 of the A.P. Land Encroachment Act, 1905, (the “Act” for short), was issued by the Tahsildar, Pithapuram on 16.12.2011 calling upon the petitioner to show cause why he should not be evicted from the road poramboke of 5 ¾ cents of land in Sy.No.156 of Pithapuram Sub-division. The petitioner claims to have submitted his objections thereto on 20.12.2011 which fact is admitted by the respondents. Learned Government Pleader for Revenue (Andhra and Rayalaseema Areas), on instructions, would submit that it is only after an order is passed on the petitioner’s objections and proceedings, if need be, are issued under Section 6 of the Act, would action be taken to evict the petitioner from the subject land. Section 7 of the Act requires the competent authority to put the alleged encroacher on notice, and give him an opportunity of submitting his objections thereto. Thereafter, if need be, the competent authority is empowered to pass an order under Section 6 of the Act. The requirement of affording the alleged encroacher an opportunity of submitting his objections to the show cause notice would necessitate an order being passed by the competent authority thereupon. It is only after an order is passed on the objections submitted by the petitioner can proceedings under Section 6 of the Act be issued. Since no order has as yet been passed on the objections submitted by the petitioner to the notice issued under Section 7 of the Act, I consider it appropriate to dispose of the Writ Petition directing the respondents not to evict the petitioner from the subject land in question except after an order is passed on the objections already submitted by him and, if need be, after issuing proceedings under Section 6 of the Act later. The Writ Petition is disposed of accordingly. No costs. ___________ 23-12-2011 Note: Issue C.C. in one week B/o asp