THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18788 of 2010 ORDER: This writ petition is filed questioning the notice, dated 09.07.2010 issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’), by the third respondent – Tahsildar, Koyyalagudem Mandal, West Godavari District. It is the case of the petitioners that they are the absolute owners of the properties mentioned in the affidavit filed in support of the writ petition. It is stated that they acquired the said properties under registered documents. The respondents have initiated proceedings under the Act. Alleging that the petitioners have encroached certain extent of land and made constructions, they were issued notice under Section 7 of the Act. Thereafter, the impugned notice, which is in the nature of a final proceeding, was issued to them under Section 6 of the Act for their eviction from the encroached portion. Under the scheme of the Act, there is an appeal provided against the order of the Tahsildar to the Revenue Divisional Officer under Section 10 of the Act. In view of specific remedy of appeal provided under the very enactment, there is no reason to the petitioners to approach this Court at this stage. As it is the case of the petitioners that the properties in question are covered by the registered documents and constructions were made by taking due permission from the Gram Panchayat and they are in longstanding possession, I dispose of the writ petition permitting the petitioners to file an appeal against the impugned notice before the appellate authority within a period of three (3) weeks from today. On filing such appeal, the appellate authority shall consider and dispose of the same as expeditiously as possible, preferably, within a period of three (3) months thereafter. I further direct that till the appeal is disposed of, the respondents shall not take any steps for enforcement of the impugned notice issued under Section 6 of the Act for removal of encroachments. It is made clear that if no appeal is preferred within the time referred to above, it is open to the respondents to take steps in accordance with law. No order as to costs. ______________________ R.SUBHASH REDDY, J 3rd AUGUST, 2010. Note: issue c.c. in three (3) days. kvni