THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30509 of 2011 ORDER: This writ petition is filed seeking a mandamus to declare the action of the respondents in proceeding to dispossess the petitioner from the land to an extent of Ac.0.17 cents in Sy.No.1168/2 within the limits of the first respondent-Municipality, without proceeding in law, as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently to direct the respondents to consider the request of the petitioner for assignment or lease of the said land in her favour. 2. The brief facts that are necessary for disposal of the present writ petition are as follows: The petitioner herein is the daughter of a deceased Ex- serviceman viz., R.Ramanjulu, who worked in Indian Army from 1944 to 1946. After fulfilling the conditions of enrolment, he was discharged from service on 12-1-1946 and thereupon he was cultivating an extent of Ac 0.17 cents situated in Sy.No.1168/2, Badvel Municipality, Kadapa District. The occupation of her father has been entered in the revenue records and adangals. While so, the said land has been assigned with Sy.No.1168/2 and the same was entered in the cist receipt also by the Village Assistant of the concerned village. Subsequently, her father and the mother died on 27.11.2005 and 19.04.2010 respectively. The petitioner is depending upon the said land and there is no other source of livelihood except this land. While so, in the second week of June, 2011, the staff of the second respondent visited the land of the petitioner and directed her not to undertake any cultivation. Further, the respondents are proceeding to dispossess her from the said land forcibly, on the premise that the same is tank poramboke land. As per the Board Standing Order, she is entitled to assignment or lease in view of the fact that her father brought the said land into cultivation by incurring huge expenditure. She also made a representation dated 18.07.2011 to the authorities concerned for assignment of the said land, but, the respondents are not taking any action on the same. Hence, the writ petition. 3. Learned counsel for the petitioner contends that the petitioner is the daughter of the Ex-Serviceman and as per Board Standing Order 15 she is eligible for assignment of the land in question since she is in possession of the same since long time, and therefore, a direction may be given to the authority concerned to consider her case in accordance with law. 4. On the other hand, the learned Government Pleader for Revenue contends that the Tahsildar is the competent person to decide as to whether the petitioner is eligible or not for granting patta under the category of Ex-Serviceman. 5. The petitioner is said to be in possession of Ac.0.17 cents of land in Survey No.1168/2 within the limits of Badvel Municipality, Kadapa District. The petitioner claims that her father worked in Indian Army from 1944 to 1946. After discharging from military service, her father has been cultivating the said extent of land. As the said land was with full of bushes, her father levelled the same and brought it under cultivation with the permission of the authorities and since then his occupation was also entered in the revenue records and adangals. On 27.11.2005 the father of the petitioner died and the petitioner is depending upon the income from the said land and that she has no other source of livelihood except the said land. She had made a representation for assignment of the said land, but the respondent Municipality is not taking appropriate decision to grant patta. 6. In view of the fact that the Tahsildar, Badvel, who is impleaded as party respondent, is the competent person to take appropriate decision for granting patta duly considering the eligibility criteria of the petitioner, the petitioner is directed to give a fresh representation to him, within a period of two weeks from the date of receipt of a copy of this order. On such representation being made, the Tahsildar, Badvel shall consider the same and take appropriate action in accordance with law for granting patta in respect of Ac.0.17 cents of land as claimed by the petitioner. Till such time, the petitioner shall not be evicted, except in due process of law. 7. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ K.C.BHANU,J Dated: 25.11.2011 va