THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29414 of 2010 DT.25.11.2010 Between: T.Naval Kumar and others. … Petitioners And Government of Andhra Pradeshs, rep.by its Principal Secretary, Revenue, Secretariat, Hyderabad & others. … Respondents Counsel for the Petitioners: Sri C.Raghu Counsel for respondents: AGP for Revenue The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to set aside notice, dated 16.11.2010, issued by respondent No.2, under Section 7 of the A.P.Land Encroachment Act, 1905 (for short ‘the Act’), whereby he has directed the petitioners to vacate the land. At the hearing, Sri C.Raghu, learned counsel for the petitioners, contended and in my view correctly, that the form in which notice under Section 7 of the Act was issued, was not in conformity with the provisions of Section 7 of the Act. A perusal of the contents of the impugned notice would indicate that respondent No.2 has called upon the petitioners to vacate the land within seven days from the date of service of notice, failing which, they will summarily be evicted from the land. The tenor of this notice literally constitutes an order under Section 6 of the Act. The Act envisages a prior notice under Section 7 of he Act and an order of eviction under Section 6 of the Act, in the event the authority, which issued the notice, is not satisfied with the explanation offered by the person in possession. Therefore, a notice under Section 7 of the Act shall not contain any direction for eviction and it can only call upon the person in possession to submit his objections to the proposed eviction. In this view of the matter, I hold that the direction contained in the notice issued by respondent No.2 to vacate the land cannot be sustained in law. The petitioners are permitted to treat the impugned notice as a mere notice for submitting their objections and they are permitted to file their objections, within two weeks from today. If such objections are received by respondent No.2, he shall consider the same and pass an appropriate order under Section 6 of the Act. It is needless to observe that till the above process is completed, the petitioners shall not be evicted from the land in question. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.37461 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 25.11.2010. VGB