THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9509 of 2010 Dated:26.04.2010 Between: Payyavula Rangaiah. …Petitioner And The District Collector, Khammam, Khammam District, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9509 of 2010 ORDER: The petitioner purchased a house site admeasuring 320 square yards in survey No.119. When there was interference from one Kelothu Suneetha, he filed O.S.No.148 of 2010 on the file of the Court of the Senior Civil Judge, Khammam, and obtained order of temporary injunction in I.A.No.322 of 2010. In the meanwhile, the third respondent initiated action under the Andhra Pradesh Land Encroachment Act, 1905 (the Act). He issued notice dated 19.04.2010 under Section 7 of the Act to the petitioner’s daughter, Smt.Shakamuri Sri Devi, W/o.Ramesh, alleging that the notisee encroached 300 square yards of Government land in survey No.94/2 and she should show case as to why she should not be evicted. The notice was affixed to the petitioner’s house compound wall. Therefore, the petitioner submitted a representation on 22.04.2010. The enquiry is still pending before the third respondent. Alleging that though no final orders are passed, there is a threat of eviction from the third respondent from the land in survey No.119, the present writ petition is filed. This Court heard the Counsel for the petitioner and Assistant Government Pleader for Revenue (Telangana Area). There cannot be any doubt that pending proceedings under the Act, the Tahsildar cannot evict the petitioner who is alleged to be in illegal occupation of Government land. Now that the petitioner has submitted explanation requesting to drop notice, the third respondent may pass necessary orders. Till such orders are passed, the petitioner’s right to enjoy the property cannot be disturbed. The Writ Petition is disposed of accordingly. ____________ (V.V.S.RAO, J) 26.04.2010 Note: Issue C.C in two days. B/o. vs