THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No. 23920 of 2008 O R D E R: Petitioners have prayed that the respondents be restrained from evicting them from the land in an extent of Ac.4-40 cents out of Ac.15-45 cents in Sy.No.31 of Merlapaka village, Yerpedu Mandal, Srikalahasti Sub-Division, Chittoor District. Counsel for the petitioners submits that the respondents are trying to evict the petitioners without issuance of any notice as required under Section 7 of the Land Encroachment Act, 1905 or without initiating any other proceedings. Counsel for the petitioners placed reliance on a decision of this Court in Jyothi Education Society v. Govt. of A.P., Major Irrigation Department and others (2002 (4) ALT 417 (D.B), wherein it has been held that notice has to be issued even to an encroacher before evicting. Counsel for the respondents submits that none of the petitioners was residing in the village and, hence, they are encroachers. He, however, submits that the respondents will follow due procedure as prescribed under the law before evicting the petitioners. After hearing the counsel for the parties, this writ petition is disposed of with a direction that the petitioners shall be evicted only after following due process of law. No order as to costs. __________________ ASHUTOSH MOHUNTA J. DATE: 31-3-2011. MVB.