THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.30671 OF 2011 ORDER: This Writ Petition is ﬁled to declare the action of the second respondent, in initiating proceedings under the Andhra Pradesh Land Encroachment Act, 1905 (for short, “the Act”) to evict the petitioners from the subject lands, as arbitrary and illegal. The petitioners claim to have purchased the lands in the year 2006 from one M. Venkaiah. The second respondent issued Form-II notices to the petitioners under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rule, 2007 on 19.05.2011. The petitioners claim to have submitted explanations thereto. While matters stood thus, the second respondent again issued notices under Section 7 of the Act on 06.11.2011 questioning which the present Writ Petition is filed. Sri K. Muralidhar Reddy, Learned Counsel for the petitioners, would submit that since proceedings have already been initiated under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (A.P. Act 9 of 1977), the subsequent notices issued under the Act are wholly without jurisdiction. A counter aﬃdavit is ﬁled on behalf of the second respondent wherein the fact, that the earlier notices in Form-II were issued to the petitioners on 19.05.2011, is admitted. Copies of the said Form-II notices were received by the petitioners on 23.05.2011 and, after they submitted their objections thereto, an order of resumption was passed on 10.08.2011. The second respondent would state that the subsequent notices under Section 7 of the Act were by mistake in as much as the earlier proceedings under A.P. Act 9 of 1977 had culminated in an order of resumption being passed. A copy of the order of resumption is made available to Sri K. Muralidhar Reddy, Learned Counsel for the petitioners, along with the counter aﬃdavit. Since an order of resumption has been passed the remedy, if any, for the petitioners is to question the same in appropriate proceedings. It is made clear that, since the second respondent himself admits that the notices under Section 7 of the Act were issued by mistake, the said notices are set aside. The Writ Petition is disposed of accordingly. However, in the circumstances, without costs. ____________________________ RAMESH RANGANATHAN, J December 02, 2011 Note: Issue C.C. in one week. B/o MD/MRKR