THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.16236 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the parties, the Writ Petition itself is taken up for hearing and being disposed of by this order. This Writ Petition is filed declaring the action of the respondents in taking steps to dispossess the petitioner from 6 ankanams of land covered by Asbestos sheet roof in Survey No.195 and Assessment No.262 situated at Ayyavaripalli Village, Seetharamapuram Mandal, Nellore District, as illegal and arbitrary. It is the case of the petitioner that the land admeasuring 6 ankanams covered by Survey No.195 situated at Ayyavaripalli Village is in his possession and he raised a structure temporarily and doing petty business by running a hotel. It is his grievance that without following due process of law, the respondents are taking steps to dispossess him from the aforesaid piece of land. The Writ Petition is filed by impleading the Tahsildar as first respondent and the Deputy Executive Engineer, Roads and Buildings, Udayagiri as second respondent. In the counter-affidavit filed by the second respondent, it is stated that the land covered by Survey No.195 does not belong to R&B Department and that the road leading from Udayagiri to Seetharamapuram is in Survey No.211/2. It is further stated that the Tahsildar initiated proceedings on 02.03.2008 in Rc.B.No.82/2008 against the petitioner that there is an encroachment to an extent of 3½ cents covered by Survey No.211/2, which is obstructing the vehicles passing on the load leading from Udayagiri to Seetharamapuram. It is also stated that the petitioner without submitting any explanation to the said notice, approached this Court and obtained interim orders by suppressing the real facts. According to the averments mentioned in the counter-affidavit, no eviction order is passed. As the possession of the petitioner over the land covered by Survey No.195 is disputed by the second respondent in the counter-affidavit and as it is stated that the Tahsildar has already initiated proceedings against the petitioner in Rc.B.No.82/2008, I deem it appropriate to permit the petitioner to submit explanation to the aforesaid notice, within a period of four (4) weeks from today, if not already submitted. On filing such explanation, the Tahsildar shall consider the same and pass appropriate orders as expeditiously as possible. Till such orders are passed, no steps shall be taken to dispossess the petitioner from the land in question. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 29th JULY, 2011. kvni