HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2567 OF 2011. DATED 8th March, 2011 BETWEEN Karri Vijaya Lakshmi …Petitioner and The Tahsildar, Ongole Mandal Prakasam District and anr ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2567 OF 2011. ORDER: The petitioner has prayed that a direction be issued to the first respondent to permit her to raise construction over the land in plot bearing No.196 in T.S.No. 63/1 of Mamidipalem village, Ongole Mandal, Prakasam District. It has been averred that the petitioner was assigned the said land vide DK No.1019/1417, dated 25.06.2008 and she has already started construction activity over the said land. It is the grievance of the petitioner that the second respondent is trying to interfere with her possession and construction activity at the instance of the first respondent. The second respondent filed counter affidavit stating that the Government granted D.K.Patta in respect of the subject land in his favour vide D.K.No.187/1412 fasili dated 30.06.2003, i.e. much prior to the petitioner. It is further stated that aggrieved by the action of the first respondent authorities in granting the patta to the petitioner in respect of the very same subject land, the second respondent filed an appeal before the Revenue Divisional Officer, ongle for cancellation of the said the patta and the said appeal is still pending consideration. The learned Counsel for the second respondent submitted that inasmuch as the second respondent was granted patta in respect of the subject land much earlier to the petitioner, the petitioner cannot be permitted to raise construction over the land in question. Having heard the learned Counsel on either side and gone through the case file, it is clear that the second respondent was granted patta on 30.06.2003 in respect of the subject land, where as the petitioner was granted patta on 25.06.2008. Apart from the above, the appeal preferred by the second respondent before the Revenue Divisional Officer, Ongle for cancellation of the patta granted to the petitioner is pending consideration. Inasmuch as both the petitioner and the second respondent are claiming title and possession over the subject land and the appeal filed by the second respondent is pending consideration, the petitioner cannot be permitted to raise any construction over the subject land till the disposal of the appeal by the Revenue Divisional Officer, Ongole. The Writ Petition is therefore liable to be dismissed The Writ Petition is dismissed. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 08th March, 2011. Msnro