THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5119 OF 2010 DATED:05.03.2010 Between: New Life and New Way Welfare Association, A registered Trust, rep., by its Author, M.Navajeevan, S/o.Satyanarayana Murthy, Aged: 50 years, Occ: Social Worker, R/o.D.No.8-116/1, Varalakshmi Nagar, Vepagunta Post, Pendurthy Mandal, Visakhapatnam District .. Petitioner And The District Collector & Executive Magistrate, Visakhapatnam District And another .. Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5119 of 2010 ORDER: The petitioner is a registered association under the Andhra Pradesh Societies Registration Act, 2001. An extent of Ac.0.10 cents of land in Survey No.23 situated at Cheemalapalli Revenue Village, Pendurthy Mandal, Visakhapatnam Dsitrict, is in occupation of the petitioner. A semi permanent structure with asbestos roof has been raised by the petitioner and prayers are held on every Sunday. Functions are also performed on important days like Christmas and Easter. The petitioner made a representation to the first respondent to allot the land in their possession. The petitioner alleges that on 17.01.2010, the second respondent visited petitioner’s premises and started demolishing the structure. It is further alleged that a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (the Act), is issued to the petitioner on 24.02.2010. It is alleged that the second respondent is trying to demolish the structure raised by the petitioner in the land in Survey No.23. The petitioner, therefore, filed the present Writ Petition seeking a writ of Mandamus declaring the action of the second respondent in demolishing the structure as illegal and arbitrary. This Court heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue (Assignment). It is the contention of the petitioner that when the representation of the petitioner association seeking regularization of the land in the occupation is pending, the initiation of action under the Act is illegal and arbitrary. The submission cannot be accepted. Admittedly, the petitioner has not submitted his explanation to the notice under Section 7 of the Act. On a mere apprehension that the structure will be demolished, the Writ Petition is filed. Needless to mention that unless and until the second respondent issues final notice under Section 6 (Eviction Order) of the Act, there cannot be coercive action even if admittedly the petitioner is in occupation of the Government land. The Writ Petition is accordingly dismissed giving liberty to the petitioner to submit his explanation and the second respondent shall consider the same and pass appropriate orders. No order as to costs. ______________ (V.V.S. RAO, J) 05.03.2010 KH