THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.16411 of 2010 ORDER: In this writ petition, petitioner has questioned the notice, dated 28.06.2010 issued Under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’). There is an allegation against the petitioner that he has encroached the land admeasuring Ac.0.00½ cent, equivalent to 24 sq.yards, and laid constructions and is running a school in the name of Little Stars. Even according to the petitioner, he submitted explanation on 06.07.2010. It is submitted by Sri K.Muralidhar Reddy, learned counsel for the petitioner that on the very same allegations, a complaint was lodged by the third respondent – Tahsildar, Gudur, SPSR Nellore District, and in the enquiry, it was found that there was no encroachment. In spite of the same, the impugned notice was issued. The impugned notice is in the nature of a show cause notice. Even according to the petitioner, he filed explanation on 06.07.2010. In the absence of any final order for eviction as contemplated Under Section 6 of the Act, there is no reason for the petitioner to approach this Court at this stage. Merely because a complaint was lodged before the police and investigation was conducted on such complaint that by itself is no ground to quash the impugned notice at this stage. The investigation stated to have been conducted by the police department does not preclude the competent authority under the Act to initiate encroachment proceedings against the petitioner in case there is any such allegation. As much as no final order is passed pursuant to the impugned notice and as the petitioner already filed explanation on 06.07.2010, I deem it appropriate to direct the respondents not to dispossess the petitioner unless final order is passed under Section 6 of the Act. It is needless to observe that before taking further steps, the respondents to consider the explanation filed by the petitioner and communicate him the decision taken thereon. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th AUGUST, 2010. kvni