IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 22365 of 2004 Between: K. Rathnamma, W/o. Obaiah Naidu, R/o. Oteru Road, Oteru Village, Srinivasapuram, Tirupathi Rural Mandal, Chittoor District. ..... PETITIONER AND 1 The District Collector, Chittoor District at Chittoor. 2 The Mandal Revenue Officer, Tirupathi Rural Mandal, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to demolish the house bearing H.No. 4-71, situate at Sai Nagar, Availala Area, Tirupathi Rural Mandal, of the petitioner without notice, opportunity and following the due process of law as being illegal, arbitrary, violative of principles of natural justice, Articles 14, 21 and 300-A of the Constitution of India besides against to the established judicial precedents and consequently direct the respondents not to demolish the house belonging to the petitioner without following the due process of law. Counsel for the Petitioner:MR.MEHERCHAND NOORI Counsel for the Respondents: AGP FOR ASSIGNMENT The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22365 of 2004 ORDER: This writ petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in seeking to demolish house bearing No.4-71 of Sainagar, Availala, Tirupathi Rural Mandal, as illegal and unconstitutional. 2. At the hearing, it is brought to the notice of the Court that, during the pendency of this writ petition, respondent No.2 passed order on 27.07.2005, under Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), whereby the entire extent of land admeasuring Ac.4.34 cents of Avilala Village, Tirupati Rural Mandal, assigned in favour of Sri V.Govindaswamy, of which the land claimed by the petitioner is a part, has been resumed. 3. In view of the aforesaid development, Sri Meherchand Nori, learned counsel for the petitioner, requested the Court to permit the petitioner to file appeal under Section 4 (A) of the Act before the appellate authority to question the said order. 4. The writ petition is, therefore, disposed of, without going into the merits of the case, with permission to the petitioner to ﬁle appeal against order, dated 27.07.2005, passed by respondent No.2 within a period of four weeks from today. If such an appeal is ﬁled within the said time, Revenue Divisional Oﬃcer concerned shall entertain and dispose of the same on merits. _______________________ C.V.NAGARJUNA REDDY,J 28.08.2008 Note: Furnish CC in one week (B/o) v v