THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.4957 of 2009 ORDER: The petitioner is said to be in possession of four acres of land in Sy.No.130/2 of K.Kovvada Village, Padmanabham Mandal, Visakhapatnam District. Apprehending dispossession by the respondents, the petitioner approached this Court by filing W.P.No.263 of 2009. The writ petition was disposed of on 12-01-2009, observing that the petitioner shall not be dispossessed, except by following the procedure prescribed by law. The Tahsildar of the Mandal, the 3rd respondent herein, issued notice under Section 7 of the A.P. Land Encroachment Act, 1905 (for short ‘the Act’), directing eviction of the petitioner. The same is challenged in this writ petition, mainly on the ground that it was not preceded by notice, under Section 7 of the Act. Heard the learned counsel for the petitioner, and learned Government Pleader for Revenue. This Court left it open to the respondents to evict the petitioner after following the procedure prescribed by law. According to the respondents, the petitioner is in unauthorized occupation of the Government land of four acres, in Sy.No.130/2. The 3rd respondent appears to have thought that he can issue an order of eviction, straightaway, and that the same would accord with the directions issued by this Court. There is no reference to notice under Section 7 of the Act. Unless a show cause notice is issued, the petitioner cannot be evicted straightaway. Even now, the impugned order can be treated as notice, and depending on the explanation, submitted by the petitioner, a further order can be passed. Hence, the writ petition is disposed of, directing that the notice dated 05-03-2009, issued to the petitioner, shall be treated as the one, under Section 7 of the Act, and it shall be open to the petitioner to submit explanation within 10 days from today. The 3rd respondent shall pass appropriate orders in the matter, within two weeks thereafter. Till such time, the petitioner shall not be evicted. There shall be no order as to costs. ________________________ Dt.20-03-2009. L. NARASIMHA REDDY, J. KO