IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 23834 of 2007 Between: B.Satyanarayana Rao S/o.B.Yellaiah R/o.H.No.1-6-659, Zamistanpur, Musheerabad, Hyderabad. ..... PETITIONER AND 1 Konda Reddy S/o.late Agi REddy R/o.6-1-190/4, Padmarao Nagar, Marredpally, SEcunderabad. 2 V.Ramachandra REddy S/o.late V. Sai REddy R/o.H.No.1-6-480, Musheerabad, Hyderabad. 3 V.Anantha Reddy S/o.late V. Sai REddy R/o.H.No.1-6-480, Musheerabad, Hyderabad. 4 The Spl. Tribunal under A.P. Land Grabbing (Prohibition) Act cum Chief Judge, CCC, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Certiorari calling for records pertaining to the IA No.803 of 2007 in OP No.73 of 1991 on the file of Chief Judge, CCC, Hyderabad, and quash the same by declaring the same as contrary to the law or pass such any other appropriate order or orders. Counsel for the Petitioner:MR.A.RAJASEKHAR REDDY Counsel for the Respondent No.: . The Court made the following : HON'BLE SRI JUSTICE GHULAM MOHAMMED and HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.23834 of 2007 ORDER: (Per Hon’ble Sri Justice B.Seshasayana Reddy) This writ petition has been filed assailing the order dated 02- 07-2007 passed in I.A.No.803 of 2007 in O.P.No.73 of 1991 on the file of the Chief Judge, City Civil Court, Hyderabad, whereby and whereunder the learned Chief Judge allowed the application filed by respondents 1 to 3 herein and permitted them to amend the survey number as ‘58’ instead of ‘56’. 2. The petitioner is the first respondent in O.P.No.73 of 1991 and respondents 1 to 3 are petitioners in the said O.P. They filed the O.P. to declare the petitioner herein as ‘land grabber’. According to them, the petitioner herein grabbed the land admeasuring 287 square yards comprising Survey No.58. After some amendment with regard to boundaries, a fair copy of the amended petition came to be filed wherein survey number has been wrongly mentioned as ‘56’ instead of ‘58’, which necessitated respondents 1 to 3 herein to move I.A.No.803 of 2007 seeking amendment with regard to survey number. The said application has been resisted by the petitioner by filing counter. The learned Chief Judge, on hearing counsel for the parties and on perusing the record, came to the conclusion that the mistake in survey number is a bona fide one and thereby proceeded to permit the respondents 1 to 3 herein to amend the survey number. The said order is challenged in the writ petition. 3. Heard learned counsel for the petitioner and learned counsel for respondents 1 to 3. 4. Learned counsel for the petitioner contended that the lower court has not correctly appreciated the contentions of the petitioners and thereby erred in permitting the respondents 1 to 3 to amend the survey number in the petition schedule. 5. Learned counsel for the respondents 1 to 3 contended that in the concise statement, it has been stated that the land grabbed by petitioner is in Survey No.58. He took us through the concise statement. This factual aspect has not been disputed by petitioner herein. 6. As stated above, in the concise statement, respondents 1 to 3 have clearly stated that the land grabbed by the petitioner herein is in Survey No.58. The trial court has considered the concise statement and proceeded to allow the petition filed by respondents 1 to 3 and permitted them to amend the survey number as ‘58’. We do not see any flaw in the order passed by the trial court. 7. Accordingly, the writ petition is dismissed. No order as to costs. Since O.P. is of the year 1991, the learned Chief Judge, City Civil Court, Hyderabad, is directed to dispose of OP as expeditiously as possible, preferably within three months from the date of receipt of this order. __________________________ GHULAM MOHAMMED, J. _____________________________ B.SESHASAYANA REDDY, J. 29-02-2008 Note: Registry is directed to despatch the order forthwith. (b/o) bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} HON'BLE SRI JUSTICE GHULAM MOHAMMED and HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.23834 of 2007 ORDER: (Per Hon’ble Sri Justice B.Seshasayana Reddy)