THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16726 of 2002 09.9.2009 Between: Smt.Gorajana Padmavathi, W/o.Krishna Murthy … Petitioner and The Mandal Revenue Officer, Parvathipuram and another … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.16726 of 2002 ORDER: Petitioner was assigned house site admeasuring 240 Sq.yards in survey No.401/1 in 1987. The said assignment was granted by the Mandal Revenue Officer (MRO), first respondent herein. Petitioner applied for building permission from Parvathipuram Municipality. They entertained doubt and addressed MRO. By letter dated 03.5.2001, MRO replied stating that patta is genuine. Municipality then granted permission on 13.2.2002 and petitioner commenced construction. It is alleged by her that on 27.4.2002 and on 12.8.2002, first respondent visited the site and directed to stop construction. Therefore, present writ petition is filed seeking writ of Mandamus declaring action of first respondent in interfering with construction work as illegal and arbitrary, and for a consequential direction not to obstruct construction activity. First respondent filed counter affidavit opposing writ petition. It is stated that at the time of allotment of house site, petitioner was not married and she was residing at her parents’ house at Tampatapalli village of Palakonda Mandal in Srikakulam District and that her name was not found in electoral roll relating to Parvathipuram Assembly Constituency. The land in survey No.401/1 is classified as tank bed called ‘Yelli cheruvu’ and that grant of patta to petitioner is not proper and the patta produced is fake one. It is also alleged that signature of MRO was fabricated and MRO confirmed genuineness without verifying original house site patta. In view of this, husband of petitioner was directed to stop construction work, as the enquiry is on regarding eligibility for grant of patta. It is also stated that Station House Officer, P.S. Parvathipuram, was also addressed with a request to stop construction. This Court heard learned Counsel for petitioner and learned Assistant Government Pleader for Revenue (Andhra Area). Along with writ petition, petitioner has annexed a copy of letter addressed by MRO on 03.5.2001 to Commissioner, Parvathipuram Municipality, wherein he mentioned that petitioner was granted house site patta. After doing so, now MRO contends that patta granted to petitioner is a fake one and she fabricated patta. If that be so, nothing prevents Joint Collector to cancel the patta after giving notice to petitioner for alleged fraud and misrepresentation. Without doing so, petitioner cannot be prevented from enjoying her property, which was allegedly assigned to her. The writ petition is therefore disposed of observing that unless and until patta granted to petitioner is cancelled by following due process of law, she cannot be prevented from enjoying the property. There shall be no order as to costs. ___________ (V.V.S.RAO,J) 09.9.2009 YS