In any view of the matter, this Court is unconcerned with the land in Sy.No.407/1B. But, for one reason or the other, in Notice in Form-II, different survey numbers are mentioned, which includes 407,414 and 427 in Column No.3 of the Schedule, while mentioning Ac.3-43 cents in Column No.4, describing the possession of this petitioner as ‘Encroacher’. The notice is neither under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 or the Rules framed thereunder nor under Andhra Pradesh Land Encroachment Act, 1905. When once this petitioner has allegedly violated the conditions of the patta, appropriate Notice to be issued to the petitioner is in Form-I, describing him as either ‘Transferee’ or ‘Transferor’. But, the petitioner was not described as either ‘Transferee’ or ‘Transferor’ and he was shown as an ‘Encroacher’. Hence, when the nature of possession of this petitioner is described as ‘encroachment’, the procedure to be followed by the Government is to evict the petitioner from the land in dispute is to issue Notice under Section 7 and take appropriate action under Section 6. Instead of following such procedure, the present Notice is issued in Form-II under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and it is exfacie an illegality. On this ground alone, the notice issued in Form-II is set-aside and this order will not preclude the respondents to take appropriate action for evicting the person in possession either under the provisions of the Andhra Pradesh Land Encroachment Act, 1905, or under any other law applicable. Hence, the action of the respondents is declared as illegal, while directing the respondents not to dispossess this petitioner from
