THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15799 of 2008 ORDER: This Writ Petition is filed seeking a mandamus declaring the action of respondents 3 and 4 in trying to dispossess the petitioner from the thatched house constructed in plot No.31 in an extent of Ac.0.05 cents covered by Survey No.281/2A of Althurti Village, Podalakuru Mandal, Nellore District, as illegal and arbitrary and consequently direct the respondents not to interfere with his possession. It is the case of the petitioner that he was assigned a house-site patta on 20.03.1989 to an extent of Ac.0.05 cents covered by Survey No.281/2A situated at Althurti Village, Podalakuru Mandal, Nellore District. It is his further case that the site allotted to him was given plot No.31 and he made constructions thereon without encroaching into any other plot. It is also his case that although there is a thatched house on the aforesaid plot, there is interference by the respondents. Counter-affidavit is filed by the third respondent - Tahsildar, Podalakuru Mandal, Nellore District. In the counter-affidavit, while denying various allegations made by the petitioner, it is stated that though plot No.31 was allotted to the petitioner, he is not residing in the Village and has not constructed any house on the said plot. It is also stated that when the petitioner started construction in plot No.30, which was allotted to Smt. Goriparthi Anusha, a notice was issued by the respondents to stop such construction. It is not in dispute that plot No.31 covered by Survey No.281/2A was allotted to the petitioner and that in the notice, which was issued by the Village Revenue Officer, Althurthi, there is no allegation of encroachment by the petitioner. In any event, as plot No.30 was assigned to a third party, if there is any dispute between the owners of plot Nos.30 and 31, it is for them to approach the competent Court of law and seek redressal. But the fourth respondent is not empowered to issue notice to stop the construction made by the petitioner. In that view of the matter, the Writ Petition is disposed of with the direction to the respondents not to interfere with the constructions made by the petitioner on the site allotted to him. No order as to costs. ______________________ R.SUBHASH REDDY, J 28th JULY, 2011. kvni