THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.815 of 2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in initiating proceedings under the Land Encroachment Act, 1905 (for short ‘the Act’) in respect of lands admeasuring Ac.1.18 cents, Ac.1.82 cents, Acs.2.49 cents, Ac.0.75 cents and Ac.0.41 cents covered by Survey Nos.177/2, 178/P, 207/1, 207/5 and 185/1P respectively, situated at Kalagurthipadu Village, Chittamuru Mandal, Nellore District, as illegal and arbitrary. This Court by order, dated 02.09.2008, while admitting the writ petition, ordered to maintain status quo pending further orders. Since then, the interim order is in force. It is the grievance of the petitioners that no final orders have been passed but the respondents are taking steps to dispossess them. Counter-affidavit is filed on behalf of the respondents. In the said counter-affidavit, while denying various allegations made by the petitioners, it is categorically stated that after serving notices issued under Section 7 of the Act on the petitioners on 03.09.2007, the petitioners failed to submit their explanations within the stipulated time, and that final notices, dated 17.09.2007, were issued under Section 6 of the Act but the petitioners have refused to receive the same. The petitioners have not questioned the notices issued under Section 6 of the Act. Against the final notice issued under Section 6 of the Act, there is a remedy of appeal to the appellate authority. As much as the petitioners have not questioned such final notice in the present writ petition and as the petitioners have alternative remedy of appeal against the final notice issued under Section 6 of the Act, I deem it appropriate to permit the petitioners to file appeal against the notice issued under Section 6 of the Act within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be a direction to the respondents that status quo order passed by this Court on 02.09.2008 shall remain in force for a period of two (2) months from today. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 10th NOVEMBER, 2010. kvni