THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 2265 of 2008 Date:07-02-2008 Between: Savaram Dongabbai and 14 others .. PETITIONERS AND The Revenue Divisional Officer, Kakinada and another .. RESPONDENTS ORDER: The petitioners seek a writ of mandamus declaring the action of the 1st respondent in not granting stay pending disposal of the Appeal No.12 of 2007 filed under Land Encroachment Act (for short “the Act”), as illegal and arbitrary and to direct the respondents not to evict them from their lands situated in Thammavaram village, Kakinada Rural mandal, Easst Godavari District. It is the case of the petitioners that the then Tahsildar, Kakinada issued eksal lease of various plots in Sy.No.66 of Thammavaram village, Kakinada Rural mandal. According to the petitioners the lease was not extended. While so, the Tahsildar, Kakinada Rural mandal issued notices to the petitioners under Act on 17.10.2007. It is stated that the petitioners have filed an appeal before the Revenue Divisional Officer under Section 10 of the Act. A perusal of the papers relating to the land encroachment appeal goes to show that no final order said to have been passed under Section 6 of the Act, has been filed. The petitioners admittedly filed the said appeal against the show cause notices dated 16.10.2007 and 03.11.2007 respectively. Against the orders passed under Section 6 of the Act alone, an appeal lies under Section 10 of the Act before the appellate authority, but not against the show cause notices issued under the Act. However, it is stated that the appeal has been numbered as Appeal No. 12 of 2007 on the file of the 1st respondent. Having regard to the facts of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the 1st respondent to dispose of the said Appeal No.12 of 2007, in accordance with law, as expeditiously as possible. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:07.02.2008 Ccm