HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12259 of 2008 Date : 13.06.2011 Between : Shaik Rehaman & others. …..Petitioners And The District Collector, Panchayat Raj Wing, Vizianagaram & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12259 of 2008 ORDER: In this writ petition, the petitioners are seeking directions by way of Mandamus, declaring the action of respondents in taking steps for their eviction from the shops constructed in the land covered by Sy.No.487, opposite to M.R.O. office at Jami Mandal of Vizianagaram District, as illegal and arbitrary. It is the case of the petitioners that they are poor persons having no other avocation, and have applied for grant of license to the Grampanchayat to raise small shops on the land opposite to M.R.O’s office at Jami village and Mandal of Vizianagaram District in Sy.No.487. It is stated that the permission is granted by the Sarpanch of the Grampanchayat and they have constructed small shops in the land admeasuring 8 sq. yards each and are running meat stall, fruit stalls, sweet stall, barber shop etc. In this writ petition, it is their grievance that though they are not in encroachment of any land, the 3rd respondent has initiated proceedings under A.P. Land Encroachments Act, 1905 and issued notice under Section 7 of the said Act on 26.05.2008. It is stated that although they have filed explanation to the notice issued under Section 7 of the Act, without considering the same and without passing any further orders under Section 6 of the Act, respondents are taking steps for their eviction. It is their grievance that such an action is resorted to at the instance of respondent No.4 herein. At the stage of admission, this Court, by order dated 13.06.2008, directed the respondents not to take any steps for eviction without considering the explanations submitted by the petitioners. When the matter is taken up, it is submitted by the learned Government Pleader appearing for respondents that after considering the explanations submitted by the petitioners, final orders are already passed by issuing notice under Section 6 of the A.P. Land Encroachments Act, 1905. Under the scheme of the A.P. Land Encroachments Act, 1905, there is right of appeal to the Revenue Divisional Officer, against the orders of Tahsildar. Now, as it is stated that final orders are already passed, and further, taking into account the interim order, dated 13.06.2008, which is continued all along, I deem it appropriate to dispose of the writ petition permitting the petitioners to question the notice issued under Section 6 of the Act within a period of eight weeks from today. If any appeals are filed, it is open to the appellate authority to decide such appeals on their own merits without being influenced by any of the observations made in this order. There shall be a further direction to the respondents to maintain status quo for a further period of eight weeks from today. Subject to the above observations, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 13th June 2011 ajr