IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 25362 of 2008 Between: 1 Polameni Nambaiah S/o. Lingaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. 2 Polameni Lingaiah S/o. Lachaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. 3 Polameni Mallaiah S/o. Lachaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. 4 Polameni Rajaiah S/o. Lachaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. 5 Polameni Chinna Pochalu S/o. Lachaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. 6 Polameni Mallesham S/o. Lachaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. 7 Polameni Laxmaiah S/o. Lachaiah R/o. Kodurupaka Village, Sultanabad Mandal, Karimnagar District. ..... PETITIONERS AND 1 The Tahsildar / Mandal Revenue Officer Sultanabad Mandal Sultanabad, Karimnagar District. 2 The Revenue Divisional Officer Peddapalli Division Karimnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in trying to dispossess the petitioners from their lands in Sy. No. 135 of Kudurupaka Village, Sultanabad Mandal, Karimnagar District, is arbitrary, illegal, violative of Art. 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and contrary to the provisions of the Andhra Pradesh Land Encroachment Act and consequently set aside the same. Counsel for the Petitioner:MR.A.SUDERSHAN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25362 of 2008 ORDER: The petitioners are statedly in possession of small extents of lands comprised in Survey No.135 situated at Kudurupaka Village, Sultanabad Mandal, Karimnagar District. First respondent initiated action under the Andhra Pradesh Land Encroachment Act, 1905 (the Act, for brevity). He issued notice under Section 7 of the Act on 11.07.2008. After receiving notice the petitioners submitted their explanation and the matter is still pending consideration before ﬁrst respondent. However, the petitioners allege that without passing any orders even while the matter is pending before ﬁrst respondent, oﬃcials from oﬃce of ﬁrst respondent are coming regularly and trying to dispossess the petitioners. Therefore, they approached this Court. After hearing learned counsel for the petitioners and learned Assistant Government Pleader for Revenue (Telangana Area), this Court has no manner of doubt that having issued notice under Section 7 of the Act, ﬁrst respondent or his subordinates cannot do anything adverse to the interests of the petitioners who are in occupation of the lands in survey No.135. Unless and until appropriate order is passed under Section 6 of the Act treating the petitioner’s occupation as objectionable, they cannot be evicted. This Court also makes it clear that it shall be open to ﬁrst respondent proceed further to evict the petitioners subject to their right of ﬁling appeal under Section 10 of the Act. The writ petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 19th November, 2008 Note: Issue CC by 24.11.2008. (B/o) GHN To 1 The Tahsildar / Mandal Revenue Officer Sultanabad Mandal Sultanabad, Karimnagar District. 2 The Revenue Divisional Officer Peddapalli Division Karimnagar District. 3 2CCs to GP for Revenue 4 CD copies Form-NIC-OGS/WP{KBJ}