Sri N. Subba Rao, Learned Counsel for the petitioners, would draw attention of this Court to the notice issued by the respondentcontemnor dated 19.12.2011 whereby the petitioners were informed that they had encroached upon government land in Sy. No.205-B of Piduguralla village; they were running a Saw Mill unauthorisedly; and were storing wood logs in the said land; though they were asked to clear unauthorised occupation, they had sought 15 days time; thereafter, as directed by the Minister, two months time was given to them to clear the unauthorised occupation; and as they were not taking steps to remove the unauthorised occupation, notice was being issued under Section 192 and 194 of the Municipalities Act, 1965. Learned Counsel would contend that, after orders were passed in the Writ Petition, the Tahsildar had issued a notice under the A.P. Land Encroachment Act, 1905; as the land, admittedly, belongs to the Government, it is for the Government to take action for eviction, and not the respondent contemnor; once the Government initiates action for eviction, the Commissioner does not have authority to issue a notice, under the Municipalities Act, seeking eviction of the petitioner; the notice issued by the respondent-contemnor amounts to contempt; and action should be taken to punish the respondent under the Contempt of Courts Act. Learned Counsel would state that, against the notice issued by the Tahsildar under the Land Encroachment Act and the respondent contemnor under the A.P. Municipalities Act, the petitioners had filed W.P. No.1443 of 2012, and this Court had granted stay.
