THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31065 OF 2011 ORDER: The proceedings of the fourth respondent dated 18.11.2011 is under challenge in this Writ Petition by the petitioners (five in number) all of whom claim to be in possession of the subject lands. It is wholly unnecessary for this Court to examine the petitioners claim to be entitled to remain in possession of the subject lands as the Learned Government Pleader for Revenue (Assignment), on instructions, would state that the petitioners had only erected basement and pillars; they are sought to be evicted pursuant to the orders of the Honourable Lokayukta dated 07.07.2011; and it is only pursuant thereto that a notice was issued to the petitioners on 18.11.2011. A copy of the proceedings of the Honourable Lokayukta dated 07.07.2011 is placed before this Court. What is directed by the said order is that illegal encroachers be evicted after following the procedure contemplated under law. While the proceedings dated 18.11.2011 is titled “Notice”, the petitioners were directed thereunder to remove the encroachments, and to hand over the subject lands to the Deputy Tahsildar within two days. Even if the subject lands are government lands, the only mode of eviction of encroachers therefrom is in accordance with the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (for short, “the Act”) which, under Section 7, contemplates a notice being issued to the encroachers to show cause; and, after receipt of their objections within the time stipulated, to pass an order, if need be, under Section 6 of the Act. The notice required to be issued, in accordance with law, is a notice calling upon the petitioners to show- cause, and not a direction to them to vacate the subject lands. The impugned proceedings dated 18.11.2011, termed as “Notice”, is quashed. It is made clear that this order shall not preclude the respondents from initiating proceedings for eviction of the petitioners herein from the subject lands in accordance with law. Learned Government Pleader for Revenue (Assignment) states that, since there is an order of the Honourable Lokayukta, they would issue a notice forthwith under Section 7 of the Act. In such circumstances, and as the order of the Lokayukta is not under challenge in this Writ Petition, I consider it appropriate to direct the petitioners not to make any further constructions over the subject lands for a period of three months from today within which period the respondents shall initiate proceedings under the Act, and take action in accordance with law. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 24, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31065 OF 2011 November 24, 2011 MD