IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3531 of 2009 Between: Mandali Sai Babu S/o. Pitchaiah R/o. Door No. 10858, Apartment No. 157 SANDIYAGO-92126, California, Rep. by GPA Holder, Mandali Raghu S/o. Pitchaiah, aged 41 yrs R/o. Plot No. 726, Vivekananda Nagar, Kukatpally, Hyd. ..... PETITIONER AND 1 The Tahsildar Avanigadda Mandal, Krishna District. 2 The Village Revenue Officer, Puligadda Village, Avanigadda Mandal. 3 The Revenue Divisional Officer Machilipatnam Division, Machilipatnam. 4 The District Collector, Krishna Chilakalapudi, Machilipatnam. ..RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more especially one in the nature of writ of Mandamus declaring the show cause notice dt. 20- 1-2009 issued by the 1st respondent Under Section 6 of 1905 Madras 3rd Act is illegal, arbitrary unjust and contrary to established principles of natural justice and set aside the same and consequently direct the respondents not to evict the petitioner from the agricultural lands of an extent of Ac 2.19 cents in Sy.No. 123/1 situated at Puligadda Village, Avanigadda Mandal, Krishna District, and pass Counsel for the Petitioner:MR.B.SIVA NANCHARAIAH NAIDU Counsel for the Respondents: GP FOR REVENUE The Court made the following : O R D E R: The petitioner was issued a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short “the Act”) directing him to explain as to why he shall not be evicted from an extent of Acs.2.19 cents of Government land in Survey No.123/1 of Puligadda Village, Avanigadda Mandal, Krishna District. Complaining that he was sought to be evicted, without passing any order under Section 6 of the Act, the petitioner filed W.P. No.464 of 2009. The writ petition was disposed of on 23-01-2009 directing that the petitioner shall not be evicted for a period of one month from the date, on which an order under Section 6 of the Act is passed. It appears an order of eviction under Section 6 of the Act was passed on 20-01-2009 itself. Taking note of the orders of this Court in W.P.No.464 of 2009, the Tahsildar, Avanigadda Mandal, Krishna District, the first respondent herein, issued notice dated 30-01-2009 informing the petitioner that the possession of the land would be taken on 23-02-2009. The petitioner submits that he intends to prefer an appeal and even while the efforts are on, the first respondent is taking possession of the land. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. By the time this Court disposed of W.P.No.464 of 2009, an order under Section 6 of the Act has already been passed. The petitioner, obviously, was not aware of it. Be that as it may, the first respondent had honoured the directions issued by this Court, and informed the petitioner that possession would be taken on expiry of four weeks. The arrangement for a period of four weeks was directed to enable the petitioner to avail the remedy of appeal. Obviously, on account of the delay in receiving the orders, dated 20-01-2009, the petitioner could not prefer the appeal. The interest of the petitioner needs to be protected till such a remedy is availed and exhausted. Hence, the writ petition is disposed of, directing that in case the petitioner prefers an appeal before the Revenue Divisional Officer, Machilipatnam Division, Machilipatnam, the third respondent herein, against the order, dated 20-01-2009, within three (3) weeks from today, the further steps in pursuance of the said order shall remain stayed till the disposal of the appeal. If the petitioner fails to prefer the appeal, within the time, it shall be open to the first respondent to resume the possession of the land. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 25th February, 2009 Note: Furnish C.C in three (3) days vrn