THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.316 OF 2008 DATED: 31-01-2008 BETWEEN B.R. Ramesh, S/o. Late Ramchander, R/o. H.No.11-3-1038, Gokulnagar, Mallepally, Hyderabad and another. …PETITIONERS AND The Collector, Hyderabad District and another. …RESPONDENTS ORDER: Petitioners question the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) by the Tahsildar, Asifnagar Mandal in No.C/447/2004 dated 14.12.2007 relating to the encroached land of an extent of 1798.16 sq. meters. 2. I am not inclined to express any opinion as to whether the said land is a Government land or encroached by the petitioners or it is a patta land. It is for the petitioners to substantiate their claim by way of filing an explanation before the Tahsildar – second respondent pursuant to the aforesaid notice issued under Section 7 of the Act and if, ultimately final orders are passed under Section 6 of the Act, the petitioners can avail the remedy of appeal under Section 10 of the Act. Therefore, I am of the opinion that the writ petition filed against a show cause notice is not maintainable. However, the writ petition is disposed of permitting the petitioners to file an explanation to the said show cause notice No.C/447/2004 dated 14.12.2007 issued under Section 7 of the Act within ten days from today and if any such explanation is filed, the second respondent may consider and dispose the same in accordance with law and until the final orders are passed under Section 6 of the Act, status quo obtaining as on today shall be maintained. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 31, 2008 DSK