HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17208 of 2008 Date : 05.08.2011 Between : S. Ramasubba Reddy. …..Petitioner And The State of Andhra Pradesh, rep. by District Collector, Kadapa & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17208 of 2008 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents 3 and 4 in taking steps to evict the petitioner from the premises covered by D.No.1/719 and 1/720 (New Nos.1/2074 and 1/2075), situated at Gopi Vihar Street in Pulivendula town, as illegal and arbitrary. The petitioner claims that he is in possession of the aforesaid premises by virtue of purchase by his Late father by way of registered sale deed bearing document No.1756/75, dated 01.08.1975. It is also stated that by purchasing the open site and obtaining permission from Pulivendula grampanchayat, his father constructed a building in ground and two floors where he is running a lodge in the name and style of ‘S.S.R.Lodge’. It is the case of the petitioner that though the aforesaid constructions are not made in the land belonging to the Government, respondents are taking steps for his eviction by initiating proceedings under the A.P. Land Encroachment Act, 1905. It is the specific grievance of the petitioner that though notice was issued under Section 7 of the said Act, even before issuance of final notice under Section 6, respondents are taking steps for his eviction. The Mandal Revenue Officer, Pulivendula, has filed a detailed counter affidavit. In the counter affidavit, it is stated that the disputed site to an extent of 0.73 acres falls in Sy.No.201 and 0.69 acres falls in Sy.No.203 and that the said property is encroached upon by the petitioner, who has made constructions to an extent of 1 cent in Sy.No.201 and 1 cent in Sy.No.203. While referring to the proceedings under the Land Encroachment Act, 1905, it is stated that final notice was also issued under Section 6 of the said Act, but when respondents wanted to serve such notice on the petitioner, he refused to receive the same and approached this Court and obtained interim orders. Although it is the case of the petitioner that it is not an encroachment of the Government land and the very initiation of proceedings under the Land Encroachment Act is illegal, as much as the final notice is issued under Section 6 of the Act which is not under challenge in the present writ petition, no relief can be granted to the petitioner as prayed for in this writ petition. As this Court granted interim orders as early as on 07.08.2008, and as the said order continued all along, and further, as it is stated that the petitioner has already made constructions consisting of ground and two floors, I deem it appropriate to dispose of the writ petition, permitting the petitioner to prefer appeal as provided under Section 10 of the A.P. Land Encroachment Act, 1905, within a period of six weeks from today. If any such appeal is preferred, the appellate authority shall entertain and dispose of the same on merits, without raising any objection with regard to limitation. There shall be a further direction to the respondents that status quo as on today shall be maintained with regard to possession on the disputed site for a period of two months from today and it is open for the petitioner to obtain appropriate interim orders from the appellate authority. Writ petition is disposed of with the directions referred above. No costs. ______________________ R. SUBHASH REDDY, J 5th August 2011 ajr