IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14743 of 2009 Between: Devaragatla Mangathayaru W/o. NAgeswar Rao R/o. Suryapet, Suryapet Mandal, Nalgonda District. ..... PETITIONER AND 1 The State of A.P., Rep. by its Secretary, Secretaraiat, Hyderabad. 2 The District Collector, Nalgonda District at Nalgonda. 3 The Revenue Divisional Officer, Suryapet, Suryapet Mandal, Nalgonda District. 4 The Tahsildar, Chivemala Suryapet Mandal, Nalgonda District. .....RESPONDENT(S) 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 or order/s more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in initiating enquiry prusuant to notice dated 23.05.2009 bearing No. B1/1151/2009 without conducting survey and measurements of the land, on 3-6-2009, as illegal, arbitrary and unconstitutional, and be pleased to Counsel for the Petitioner:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.14743 OF 2009 ORAL ORDER The writ petition is misconceived. It is directed principally against the notice dated.03-06-2009 issued under Section 7 of the A.P. Land Encroachment Act, 1905 (for short “the Act”) alleging that the petitioner is an unauthorized occupant of Government land of an extent of Ac.1.28 cents in S.Y.No.109 of Durajpally village, Chivemla Mandal, Nalgonda District and calling upon the petitioner to show cause why she be not evicted by due proceedings under Section 6 of the Act. The petitioner submitted her objections on 22-06-2009 asserting that she is the lawful owner of an extent of Ac.0.39 guntas in Sy.No.209 of Durajpally village having purchased the property under a registered sale deed of 2003; that she is not in occupation of any Government land; that the Government land in Sy.Nos.102 and 210 of a total extent of Ac.16.00 is adjacent to the petitioner’s land; that earlier the 4th respondent had issued a notice on 23-05-2009 calling upon the petitioner to be present at the demarcation of Government land but the Mandal Surveyor did not attend or conduct any survey or demarcation of the lands on the dates stipulated; and that the 4th respondent should therefore measure and demarcate the Government land in her presence and consequently withdraw the Section 7 notice dated.03-06-2009. No action has not yet been taken or orders passed, under Section 6 of the Act. Apprehending her unlawful interference and dispossession of the petitioner from the property, she filed O.S.No.139 of 2009 on the file of the Court of Junior Civil Judge, Suryapet as also I.A.No.425 of 2009 for ad interim injunction, impleading in the suit and in the interlocutory application the District Collector, Nalgonda and two others. Yet the present writ petition is filed generally alleging illegal dispossession by the respondents and in specie challenging the show cause notice dated.03-06-2009 issued under Section 7 of the Act. It is not the case of the petitioner that the 4th respondent is not the competent authority to issue a notice under Section 7 of the Act. If the 4th respondent is a competent authority and the notice is not incompetent for patent lack of jurisdiction, the petitioner is required to submit objections to the Section 7 notice which she did by her representation dated.22-06-2009. It is now open to the respondents or the appropriate competent authority, as the case may be under the provisions of the Act to pass final orders under Section 6 of the Act. As and when such orders are passed, the petitioner has a remedy there against. On the aforesaid analysis, no case is made out for interference at this stage. Therefore the writ petition is dismissed at the stage of admission. No costs. _________________ GODA RAGHURAM,J 23rd JULY 2009 *TSNR