HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.10874 OF 2010 Dt.5.5.2010 Between: Abdul Nabi .. Petitioner And Government of A.P. rep. by its Secretary Revenue (Assignment), Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.10874 OF 2010 ORDER: This writ petition is filed seeking writ of mandamus declaring the action of the respondents in interfering with the construction of the house of the petitioner in the land to an extent of Ac.0.02 guntas allotted to him beside Shadi Khana in Kothakota Village and Mandal, Mahabubnagar District, vide Land Ownership Certificate in Rc.No.D/87/1997, dated 15.5.1997, without following due process of law, as illegal and arbitrary and consequently to direct the respondents not to interfere with the construction and possession of the petitioner over the said land. The case of the petitioner is that he was granted house site patta to an extent of Ac.0.02 guntas situated at Kothakota village of Mahabubnagar District by the then Mandal Revenue Officer, vide Rc.No.D/87/1997, dated 15.5.1997. Thereafter, he had obtained permission from the Gram Panchayat, Kothakota. for construction of house vide permission letter No.225/2009, dated 6.10.2009. It is stated that as there was some complaints with regard to the encroachment of the Government land, the Tahsildar, Kothakota inquired into the matter and submitted that the petitioner is proceeding with the construction of the house as per the permission. It is stated that the petitioner made a representation, dated 22.3.2010, before the Joint Collector, Mahabubnagar, not to interfere with the construction activity. But the said representation has not been considered and disposed of. Having regard to the facts and circumstances of the case, the respondents are directed not to interfere with the right of the said construction as long as the assignment patta is not cancelled by following due procedure prescribed under law. If the said land is required for public purpose, it is always open for the respondents to take appropriate action in accordance with law. The writ petition is accordingly disposed of. _______________ V.ESWARAIAH, J. 5/5/2010 Note: Issue copy within two days B.O. kpr