HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24300 of 2008 Date : 16.09.2011 Between : Borusu Anjaneyulu. …..Petitioner And The District Collector, West Godavari District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.24300 of 2008 ORDER : This writ petition is filed, questioning the proceedings, dated 29.10.2008, issued by the 3rd respondent-Tahsildar in Proceedings Roc.No.368/2008(B), for eviction of petitioner by issuing notice under Section 6 of the Land Encroachment Act, 1905, from the land admeasuring Ac.0.01 cent in Sy.No.247/1, situated at Rayakuduru village of Veeravasaram mandal in West Godavari District. The aforesaid notice is questioned mainly on the ground that it was not preceded by any notice as required to be issued under Section 7 of the Land Encroachment Act, 1905. When the matter has come up for hearing on earlier occasion, it was adjourned to enable the learned Government Pleader to show proof of service of notice under Section 7 of the Act, on the petitioner. When the matter is taken up today, the learned Government Pleader has produced the copy of notice served under Section 7 of the Act on the petitioner, and the petitioner has also endorsed on the said notice in token of receiving it. In that view of the matter, it cannot be said that no notice under Section 7 was served on the petitioner. It is to be noticed that as against the notice issued under Section 7 of the Land Encroachment Act, 1905, there is remedy of appeal before the Sub-Collector under Section 10 of the said Act. Therefore, I deem it appropriate to dispose of the writ petition, keeping it open to the petitioner to file appeal against the impugned notice. Accordingly, the writ petition is disposed of, permitting the petitioner to file an appeal against the impugned notice before the appellate authority within a period of eight weeks from today, and if any such appeal is preferred within the time stipulated, the same shall be considered and disposed of by the appellate authority expeditiously. There shall be a further direction to the respondents to maintain status quo for a period of eight weeks from today, with regard to the possession of petitioner over the land in question. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 16th September 2011 ajr