THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP No. 27636 of 2010 ORAL ORDER: This writ petition has been instituted by a resident of Kovvur Municipal area in West Godavari calling in question the validity of the notice served by the Divisional Railway Manager, South Central Railway of Vijayawada under sub-section (1) of Section 4 of Public Premises Eviction of Unauthorised Occupants Act, 1980. The writ petitioner, it is alleged is in occupation of railway land and hence the respondent No.1 has construed her occupation as an unauthorized occupation. Therefore, through the impugned notice dated 28.9.2010, the writ petitioner was called upon to show-cause on or before 23.10.2010 why an order of eviction should not be passed against her. Though several grounds have been urged in the writ petition, learned counsel for the writ petitioner Sri B.P.Raju, would submit that the time for filing the detailed explanation to the impugned show-cause notice has since expired and the petitioner may be given some reasonable time to file her reply thereto, inasmuch as the writ petitioner is under bona fide belief that the property under her occupation does not belong to Ministry of Railways, but belongs to the local municipality and hence the Ministry of Railways has no power or jurisdiction to secure her eviction therefrom. Keeping all contentions canvassed in this writ petition open, the writ petitioner is granted time till 30th November 2010 for filing a detailed response to the impugned show-cause notice dated 28.9.2010, said to have been served on the petitioner on 8.10.2010. If the writ petitioner fails to show- cause by the said date viz., 30.11.2010, the 1st respondent is at liberty to finalise the proceedings in accordance with law and pass appropriate final orders. If on the other hand, the writ petitioner files her response before the said date, the same be taken into account and consideration and appropriate orders in accordance with law be passed. It is needless to observe that the 1st respondent will appropriately verify the record to establish that the land in question does belong to the Ministry of Railways before passing appropriate orders. This writ petition is thus disposed of at the admission stage with the consent of Sri P.Gangi Rami Reddy, learned Standing Counsel. ---------------------------------- Knk NOOTY RAMAMOHANA RAO,J Dt : 8.11.2010 Note: CC in (2) days (b/o) knk