THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.3855 of 2010 Dated: 22.02.2010 Between: Zaheera Begum. .. Petitioner. And The State of Andhra Pradesh, rep. by Principal Secretary, Revenue Department, Secretariat, Hyderabad, and others. .. Respondents. ORDER: According to the petitioner, she is the owner of a housing plot in an extent of 400 sq. yards in Sy.No.1/12 and 1/14, corresponding to new Sy.No.30, of Asifnagar Mandal, Hyderabad. She proposed to construct a residential house in 100 sq. yards of site, out of total extent of 400 sq. yards, for which she purchased building material and proceeded with construction. It is her case that as some third parties interfered with her construction, she approached the civil Court and obtained police aid and, by virtue of the same, she proceeded with the construction work on her land. While that being so, basing on a complaint alleged to have been given by one Joshinandival Sangh, complaining that the petitioner started construction of a house in the land allotted to Joshiwada Slum, the 3rd responden-Tahsildar, Asifnagar Mandal, Hyderabad, ultimately, issued letter No.C/117/2010, dated 30.01.2010 to the Station House Officer, Tapachaputra Police Station, directing him not to allow any construction work on the land allotted to Joshiwada slum and to protect the same, being the valuable Government land, in the interest of Government until clearance orders are received from the higher authorities or from the Court. Thereafter, the petitioner submitted a representation dated 02.02.2010 to the 3rd respondent, along with material papers showing her title in respect of the subject property, requesting to recall the letter dated 30.01.2010. The grievance of the petitioner is that by virtue of the letter dated 30.01.2010, the construction work is stalled and she is being put to lot of expenditure in protecting the building material, and also that the representation dated 02.02.2010 submitted by her to the 3rd respondent is not yet acted upon. Hence, this writ petition. Learned Government Pleader appearing for the respondents, on instructions, submits that as the land in question is a Government land allotted to Joshiwada Slum, the petitioner is restrained from constructing house on the said land. Since the petitioner is stated to have been in possession of the subject land, the question of directing the police to prevent the construction work being undertaken by the petitioner does not arise. However, it is always open for the authorities concerned to take appropriate steps, as per law, for evicting the petitioner from the subject land, after issuing due notice. But, without issuing such notice, sending letters to the police not to allow the construction work purported to have been undertaken by the petitioner cannot be appreciated. For the aforesaid reasons, the respondents, including the Station House Officer, Tapachaputra Police Station, Hyderabad, are directed not to interfere with the possession of the land held by the petitioner, without following due process of law. The W.P. is disposed of. No costs. _____________ C.V.RAMULU,J 22.02.2010 Note:- Registry shall send a copy of this order to the Station House Officer, Tapachaputra, Hyderabad. B/o v v