IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3561 of 2009 Between: 1.Malempati Madhusudhana Rao S/o. Koteswara Rao R/o. Vyshnavi Towers, Polimera Road, Chirala, Prakasam District. 2.Amarneni Subba Rao S/o. Suryanarayana R/o. Vavillapalem Village, Vakadu Mandal, Sri Pottisreeramulu Nellore District. ..... PETITIONERS AND 1 State of Andhra Pradesh Rep. by its District Collector, Sri Pottisreeramulu Nellore District at Nellore 2 The Revenue Divisional Officer, Guduru, Sri Pottisreeramulu Nellore District 3 Tahsildar, Vakadu Mandal, Sri Pottisreeramulu Nellore District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in insisting the petitioners to vacate from the land of Ac 1.25 cents in Sy.No. 111 of Dugarajapatnam Village pursuant to notice dt. 9-7-2007 issued by the 3rd respondent as illegal, irregular, arbitrary without jurisdiction and violative of provisions of Andhra Pradesh Land Encroachment Act 1905 Board of Revenue Standing Orders and Offends articles 14 and 21 of Constitution of India and consequently direct the respondents not to dispossess the petitioners from the land in their possession. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.3561 of 2009 ORDER: The Tahsildar, Vakadu Mandal, Nellore District, the third respondent herein, issued a notice, dated 09.07.2007, to the petitioners under Section 7 of the A.P. Land Encroachment Act, 1905 (for short ‘the Act’) directing them to explain as to why they shall not be evicted from Acs.7.92 cents of land in various survey numbers of Dugarajapatnam Revenue Village. The petitioners submitted an explanation stating that they have encroached only Acs.1.25 cents in Survey No.111 and that the same is utilized in establishing a fish tank. They expressed their willingness to pay the cost for the land. It is stated that for the subsequent year, the petitioners have been levied tax for utilizing the land for fish farm tanks. The grievance of the petitioners is that the respondents are trying to dispossess them from the land in question without passing an order under Section 6 of the Act. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. Though the third respondent issued a notice under Section 7 of the Act alleging that the petitioners have encroached Acs.7.92 cents of land, the petitioners submitted their explanation stating that they have encroached only Acs.1.25 cents of land in Survey No.111. Therefore, it was open to the respondents to resume possession of the land in Survey No.85, 88 and 89 mentioned in the notice. So far as the land in Survey No.111 is concerned, the respondents cannot proceed against the petitioners, unless an order is passed under Section 6 of the Act. Hence, the writ petition is disposed of directing that the respondents shall not dispossess the petitioners from the land to an extent of Acs.1.25 cents in Survey No.111 of Dugarajapatnam Revenue Village without passing an order under Section 6 of the Act. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.24.02.2009 VGB