IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE NINETH DAY OF JUNE, TWO THOUSAND EIGHT ONLY WRIT PETITION No.23637 of 2004 Between: N.Venkateswarlu and four others. … Petitioners And District Collector, Prakasam District at Ongole and three others. … Respondents Counsel for the petitioners: Sri Satyanarayana Nimmagadda Counsel for the respondents: AGP for Revenue. This Court made the following: ORDER:- At the interlocutory stage the Writ Petition is taken up for hearing with the consent of the learned counsel for the parties. This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in seeking to evict the petitioners from their respective house sites situated in Survey No.518 of Kuchipudi revenue village in pursuance of notices dated 6-12-2004 and 15- 12-2004 issued by respondent No.3 under Sections 7 and 6 of the A.P. Land Encroachment Act, 1905 (for short “the Act”) without conducting any enquiry, as illegal and arbitrary. Heard Sri Satyanarayana Nimmagadda, learned counsel for the petitioners, and the learned Assistant Government Pleader for Revenue. In the counter-affidavit filed on behalf of respondents 1 to 3 it is categorically asserted that notices dated 6-12-2004 issued under Section 7 of the Act were received by the petitioners individually, but they failed to submit any explanation; and that, instead, they issued a notice under Section 80 CPC. It is further averred that an order under Section 6 of the Act was passed on 15-12-2004 directing the petitioners to vacate the land within three days. Under Section 10 of the Act, the petitioners have an alternative remedy of filing an appeal against the order passed under Section 6 of the Act. Hence, I do not find any reason to entertain this Writ Petition and adjudicate the same on merits. The Writ Petition is accordingly dismissed with liberty to the petitioners to avail the remedy of appeal under the above-mentioned provision. ------------------------------------ C.V.NAGARJUNA REDDY,J 09-6-2008 MNR