THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8149 of 2009 April 13, 2010 Between: Sajida Jabeen, W/o.Late Humayun Ali And another … Petitioners And The State of Andhra Pradesh State, represented by its Secretary, Revenue Department, Secretariat, Hydeabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8149 of 2010 ORDER: Two petitioners are aggrieved by an order/notice dated 06.4.2010 issued under Section 6 of the Land Encroachment Act, 1905 (the Act), directing them to vacate the Government land admeasuring 600 Sq.yards in survey No.99/1 situated at Mamidipally village of Saroornagar Mandal in Ranga Reddy District. The counsel for petitioners submits that the impugned order was not preceded by a mandatory notice under Section 7 of the Act. In a case of this nature, where a decision maker is required to put the occupant on notice and a complaint is made that such notice is not issued, the presumption that all Government acts are done in accordance with law does not get dislodged automatically. This is however not expression of any opinion that a notice was given or no notice was given. In a case of this nature, the best course for the petitioners is to prefer appeal under Section 10 of the Act before Revenue Divisional Officer (RDO) having jurisdiction over the matter and they may also seek stay of the impugned notice. As the effective alternate remedy provided under the statute is not availed, the writ petition is not maintainable. Petitioners may approach the RDO and file appeal. The writ petition is therefore dismissed. ______________ (V.V.S. RAO, J) April 13, 2010 YS