THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 2596 of 2008 Date:11-02-2008 Between: M.K.Iqbal Qureshi and another .. PETITIONERS AND The District Collector, Kadapa and two others .. RESPONDENTS ORDER: The petitioners seek a writ of mandamus declaring the action of the 2nd respondent in threatening to demolish the House bearing No.2/72 in Sy.No.272 of Nagireddipalli village, Nandalur Mandal, Kadapa District, without passing any order on the petitioner’s explanation dated 24.01.2008 submitted to the notice, dated 07.01.2008 of the 2nd respondent, as illegal and arbitrary. It is the case of the petitioners that the second petitioner is the father of the first petitioner and the second petitioner purchased land an extent of Ac.0.20 cents in Sy.No.272 of Nagireddipalli village, Nandalur Mandal, Kadapa District vide registered document No.791 on 06.05.1970 and for construction of the house, sanction was also taken on 10.09.2003 and while so, the second respondent issued a show cause notice, dated 07.01.2008 under Section 7 of the Land Encroachment Act (for short “the Act”) which was served on 18.01.2008 stating that the petitioners are occupation of four shops admeasuring 23 x 13 ½ feet equivalent to 311 square yards in Sy.No.320 of Nagireddipalli which is earmarked for road and accordingly, the petitioners were directed to show cause as to why they shall not be dispossessed from the said land. It is stated that the petitioners have submitted an explanation dated 24.01.2008 stating that the land purchased by them is in Sy.No.272 and they have not encroached any land in Sy.No.320. But, it is stated that without passing any final orders, the petitioners are sought to be dispossessed from the land. I am not inclined to express any opinion about the merits of the case. It is the case of the petitioners that they purchased an extent of Ac.0.20 cents in Sy.No.272 and the show cause notice issued is nothing to do with the Sy.No.272. But, it is specifically stated that the petitioners have encroached upon the road land in Sy.No.320. But, however, as the explanation has been submitted by the petitioners, without passing final orders under Section 6 of the Act which is appeallable under Section 10 of the Act, the petitioners cannot be dispossessed from the Sy.No.320. Having regard to the facts of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners in respect of the four shops admeasuring 311 square yards said to have been situated in Sy.No.320 of Nagireddipalli until and unless final orders are passed under Section 6 of the Act. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:11.02.2008 Ccm