HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION Nos.6375 OF 2011 AND 17035 of 2010 COMMON ORDER: The petitioners in W.P. No.17035 of 2010 purchased plot Nos.66 and 79 of Nandagiri Hills in an auction conducted by the Hyderabad Urban Development Authority, which is now re-designated as Hyderabad Metropolitan Development Authority (HMDA). On 04- 07-2007 and 12-09-2007 Sale Deeds were executed conveying the property. 2. The petitioner in W.P. No.6375 of 2011, who is incidentally the 2nd respondent in the other writ petition, (hereinafter referred to as ‘2nd respondent’) was the owner of a plot near Hi-Tech City. His plot was affected in construction of Fly-Over. The HMDA executed sale deed in favour of the 2nd respondent on 03-07-2010, transferring plot No.65 partly as a matter of exchange and partly on payment of consideration. Plot No.65 has a common boundary with plot Nos.66, 78 and 79. The owners of plot No.78 have earlier filed W.P. No.5470 of 2011 alleging that the 2nd respondent herein is trying to encroach into the plot. That writ petition was dismissed on 07-03-2011 directing the HMDA to fix the boundaries of the respective plots within a period of two (2) weeks. Same situation prevails in the instant case also. 3. After hearing the learned counsel for the petitioners, learned Standing Counsel for HMDA and the learned Senior Counsel for the 2nd respondent, this Court is of the view that the controversy is basically one of fixation of boundaries. Since all the purchasers of plot Nos.65, 66, 78 and 79 derive title from the same source, viz., HMDA, the HMDA is under obligation to ensure that there does not exist any overlapping of the boundaries. 4. Hence, the Writ Petition is disposed of directing that the Hyderabad Metropolitan Development Authority shall take steps to measure plot Nos.65, 66, 78 and 79 duly issuing notices to the respective owners and fix their respective boundaries within a period of two (2) weeks from today. It shall be open to adopt such measures as are permissible in law, in case, it is found that there is any deficit in the extents. Till this exercise is completed, the owners of the respective plots shall not make constructions abutting their boundaries. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J March 15, 2011. KTL