IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD. WEDNESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TEN P R E S E N T: THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No. 10852 OF 2010 Between : Smt. Kilari Anantha Lakshmi .... Petitioner V/ s. The Tahsildar Dornipadu Mandal, Kurnool district & Anr. … Respondents Counsel for the Petitioner: SRI G. NARENDER RAJ (5541) Counsel for the Respondents: GOVT.PLEADER FOR REVENUE THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No. 10852 OF 2010 O R D E R : Heard both sides. 2. The writ petition is filed seeking mandamus to declare the action of the first respondent in passing the impugned order dated 08-4-2010 staying the construction in Ac:0-03 cents of land in survey No.239, Plot No.50 situate at Umpathinagar village, hamlet of Gundupapala, Dornipadu Revenue Mandal, Kurnool district, as arbitrary, illegal, violative of Article 14 and 21 of the Constitution of India and to pass such other suitable orders as this court may deems fit and proper in the circumstances of the case. 3. It is stated that an extent of Ac:0-03 cents of land in survey No.239, Plot No.50 situate at Umapathinagar village, hamlet of Gundupapala, Dornipadu Mandal, Kurnool district was assigned in favour of Sri Kilari Nageswara Rao, the husband of the petitioner vide Proceedings bearing R.Dis.(HS 1620/84, dated 18-5-1985 by the-then Tahsildar, Koilakunta taluk, Kurnool district. By virtue of the same, the husband of the writ petitioner and the writ petitioner are in possession of the said house site and put up a temporary shed and living there in peaceful possession. 4. It is stated that the writ petitioner’s husband also dug a bore well in the said patta land and the whereabouts of her husband are not known. She made a representation dated 01-4-2006 to the Revenue Divisional Officer, Nandyala, Kurnool district seeking to mutate her name in the house site patta as well as the relevant revenue records. 5. It is further stated that as the temporary shed was badly affected , she wanted to construct a house therein and when the construction work was in progress, the first respondent, Tahsildar, Dornipadu, Kurnool district, issued orders dated 08-4-2010 directing her to stop the construction of house. The writ petitioner and her children are being the legal heirs of the original assignee are entitled to succeed the said land. 6. It is also stated that there is no violation of any provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and therefore, the said impugned orders passed by the first respondent are arbitrary and illegal. 7. Having regard to the facts and circumstances, I am of the opinion that the impugned order passed by the first respondent is without issuing any notice, and therefore, the first respondent is directed to pass final orders on merits and in accordance with law, preferably within a period of four weeks from today, by taking a final decision in the matter, after giving reasonable opportunity to the petitioner to put forth her grievance, and till such time, statusquo obtaining as on today, shall be maintained. 8. With the above direction, the writ petition is disposed of at the stage of admission. However, in the circumstances, there shall be no order as to costs. _____________________ JUSTICE V.ESWARAIAH 05-05-2010. I s L THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No. 10852 OF 2010 Circulation Entry No. Computer: VEJ BUNGALOW Court Master: I s L Date: 05-05-2010