IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3488 of 2009 Between: Thota Pydeswara Rao @ Pydeyya, S/o. Bhairagi, Hindu, R/o. Pedana, Pedana Mandal, Krishna District. ..... PETITIONER AND 1 The Thasildar, Pedana Mandal, Krishna District. 2 The District Collector, Krishna District at Machilipatnam. 3 State of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. .....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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the proceedings of the Thasildar, Pedana, Krishna District in RCA No. 131/2008 Dt. 13-2-2009 is illegal, arbitrary and unconstitutional and set aside the same by declaring the same as null and void setting aside all the consequential proceedings thereof. Counsel for the Petitioner:MR.YALLABANDI RAMATIRTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioner feels aggrieved by an order dated 13.02.2009 passed by the Tahsildar, Pedana Mandal, Krishna District, the first respondent herein, under the A.P. Land Encroachment Act, 1905 (for short ‘the Act’). A show cause notice dated 03.02.2009 under Section 7 of the Act was issued requiring the petitioner to explain as to why he shall not be evicted from tank poramboke in survey No.269/5 of Pedana. The petitioner submitted his explanation stating that the land is in possession of their family for the past eight decades and that he is the absolute owner and possessor of the same. He has also made a request for personal hearing. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The impugned order was preceded by a notice and the explanation submitted by the petitioner was taken into account. An appeal is provided for under Section 10 of the Act to the Revenue Divisional Officer, and the appellate authority would be in a better position to appreciate the facts. To protect the interest of the petitioner, it can be directed that the respondents shall not dispossess him from the land in question. Hence, the Writ Petition is disposed of, leaving it open to the petitioner to avail the remedy of appeal and he shall present the appeal within four weeks from today. The petitioner shall not be dispossessed from the land in question, till the disposal of the appeal. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.20.02.2009. Note:Furnish C.C. in three days. (B/o) GJ