THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.25839 OF 2002 ORDER: The petitioner questions the action of the respondents in attempting to demolish his poultry farm, situated in Sy.No.318 of Anemadugu Village, Kavali Mandal, Nellore District, under the guise of the notice dated 19.10.2002 as illegal and arbitrary. The petitioner states that he had occupied an extent of Ac.0.15 cents of land in Anemadugu Village, Kavali Mandal, Nellore District and had, thereafter, submitted an application in the year 1982 for grant of patta, based on which patta was granted on 20.05.1983. He claims to have submitted another application in the year 1984 seeking permission to establish a poultry farm over an extent of Ac.0.25 cents of land. It is his case that an extent of Ac.0.15 cents was assigned to him and Ac.0.10 cents was assigned to his sister basing on which the gram panchayat, Anemadugu had passed a resolution permitting them to establish the poultry farm which he did in the year 1984 itself. While matters stood thus the respondents, by notice dated 19.10.2002, informed the petitioner that he had constructed the poultry farm over an extent of Ac.5.56 cents of Gramanatham land in Sy.No.318, and he should remove the construction within seven days. It is the petitioner’s grievance that the said notice does not contain any particulars as to the authority under which it was issued. In the counter affidavit it is stated that the gram panchayat, by notice dated 19.09.2002, had resolved and requested the Mandal Revenue Officer, Kavali to evict the unauthorized encroachments made by the side of the existing Mandal Parishad Elementary School, Anemadugu in Sy.No.318 by constructing a poultry farm; he had, therefore, given a notice dated 19.10.2002 to the petitioner for which the petitioner had submitted his reply; as per the norms in force, a house site patta could be granted only for an extent of Ac.0.05 cents in rural areas; as such the petitioner could not have been granted any land in excess thereof; the petitioner did not produce any document to show that he was granted permission by the then gram panchayat; even otherwise the present gram panchayat had resolved to remove the poultry farm constructed by the side of the school, the construction was not only causing hindrance to the passage, but was causing pollution problems; and before further action could be taken to issue notices in Form-5, 6 and 7, the petitioner had invoked this Court’s jurisdiction. Learned Government Pleader for Revenue would submit that the respondents intend taking action under the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) and, even before proceedings could be so initiated, the petitioner had approached this Court and had obtained orders of stay. Since the respondents themselves propose to issue a notice in the prescribed Form-5 to which the petitioner would have a right of reply, I see no reason to keep the Writ Petition pending. Ends of justice would be met if the respondents were directed not to evict the petitioner from the land in question except in accordance with law including the provisions of the Act. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. RAMESH RANGANATHAN, J Date:27.01.2011 Usd