THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8948 of 2010 April 21, 2010 Between: Dungala Raju, S/o.Appanna … Petitioner And The District Collector (Panchayat Raj Wing), East Godavari District at Kakinada And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8948 of 2010 ORDER: The petitioner is owner of a pan shop. He occupied Acs.0.01 or 48.4 Sq.yards out of Acs.1.31 in survey No.214/1 of N.T.Raja Puram Village, and eking out livelihood. It appears that the fourth respondent Gram Panchayat objection for the occupation. Third respondent initiated action under the Andhra Pradesh Land Encroachment Act, 1905. A notice dated 31.3.2010 was issued calling upon petitioner to submit explanation as to why encroachment should not be removed. Petitioner alleges that he has sent representation to third respondent but he refused to accept the same. Further, fifth respondent also issued notice dated 08.3.2010 presumably under Section 99 of Andhra Pradesh Panchayat Raj Act, 1994. Aggrieved by the same and further alleging that respondents are trying to evict petitioner forcibly, present writ petition is filed. A perusal of the affidavit and oral arguments of counsel for petitioner are not convincing to countenance the submission that there was an attempt to forcibly evict the petitioner. Petitioner is therefore given liberty to submit explanation to the Tahsildar, Gandepalli Mandal, as well as Panchayat Secretary to Gram Panchayat. They shall be considered and appropriate orders shall be passed. If petitioner’s occupation is not objectionable or not causing any inconvenience to users of the road, the Tahsildar may consider and allow the petitioner to carry on the business. Petitioner may make application to allot suitable land for establishing his pan shop, which appears to be only source of livelihood. Needless to mention that till appropriate orders are passed, petitioner shall not be dispossessed. The writ petition, with the above observations, is accordingly disposed of. ______________ (V.V.S. RAO, J) April 21, 2010 YS