IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.28138 of 2007 Between: Mohammed Zabi Ul Hasaan S/o. Late Mohd.Rafi Ul Hassan R/o. H.No.10-3-282/A/8/2 Humayun nagar,Hyderabad ..... PETITIONER AND 1 The Government of Andhra pradesh, rep.by its Secretary Revenue Department , Secretariat,Hyderabad 2 The District Collector, Hyderabad District, having its office At Nampally, station Road,Hyderabad 3 The Tahsildar, Asifnagar mandal, Hyderabad 4 The Deputy Director, Survey Settlemtn and Land Records Hyderabad, having its office at Nampally station Road Hyderabad .....RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent dated 24.12.2007 is trying to dispossess the petitioner form his land admeasuring 2500 sq.yards comprised in Sy.No.297/1/3 of Guddimalkapur village, Asifnagar mandal, Hyderabad while pending application before the 4th respondent filed by petitioner as per the observation made in Wa.No.812 of 2006 dated 21.8.2006 as illegal, arbitrary, violative of principles of natural justice null and void and consequently direct the 3rd respondent not to dispossess the petitioner form the above land pending disposal of his application before the 4th respondent and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI MOHD.ZIA-UL-HAQ Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.28138 of 2007 ORDER: Petitioner’s father allegedly acquired an extent of 2500 square yards under a gift deed from Smt.Rahmath Khatoon. Statedly, the land formed part of Acs.18.00 in survey No.297/3/1 in Gudimalkapur Village of Asifnagar Mandal in Hyderabad District. In May 2006 alleging that the third respondent asked the petitioner to vacate the premises, the petitioner approached the fourth respondent for survey of the land in survey Nos.297/3/1, 297/1, 2 and 3, in vain. He, therefore, filed W.P.No.12786 of 2006. By an order dated 26.06.2006 this Court dismissed the writ petition observing that when the land is classified as graveyard, the question of conducting survey and demarcating does not arise. Feeling aggrieved by the order in W.P.No.12786 of 2006, the petitioner preferred a Letters Patent Appeal, being W.A.No.812 of 2006. The same was dismissed by the Division Bench on 21.08.2006 giving liberty to the petitioner to file appropriate application under Section 10 of the Andhra Pradesh Survey and Boundaries Act, 1923. Thereafter, the petitioner made an application on 28.09.2006 requesting the fourth respondent to demarcate the land. In this writ petition the petitioner seeks a writ of mandamus directing the respondents not to dispossess the petitioner pending disposal of the said application. After getting instructions, learned Assistant Government Pleader for Revenue (Telangana Area) submits that the application made by the petitioner is still pending. He, however, denies that there is an attempt made by third respondent on 24.12.2007 to dispossess the petitioner. In W.P.No.12786 of 2006 this Court recorded a finding that the land claimed by the petitioner is a graveyard on the ground. Therefore, third respondent interfering with the possession of graveyard does not arise. In the representation made to the fourth respondent the petitioner also admits that he is interested in the land comprised in survey No.297/3/1 of Gudimalkapur, and there is a boundary dispute with respect to survey Nos.297/3/1 and 297/1, 2 and 3. This itself would show that the alleged attempt by third respondent to dispossess the petitioner is misconceived. Therefore, no direction, as claimed, can be granted. This Court, however, observes that fourth respondent may complete the exercise of demarcating the graveyard land from other lands, if such a situation exists on the ground. This exercise may be completed within a period of four weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 02.12.2008 vs To 1 The Secretary, Government of Andhra pradesh, Revenue Department , Secretariat,Hyderabad 2 The District Collector, Hyderabad District, having its office At Nampally, station Road,Hyderabad 3 The Tahsildar, Asifnagar mandal, Hyderabad 4 The Deputy Director, Survey Settlemtn and Land Records Hyderabad, having its office at Nampally station Road Hyderabad 5 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 6 2CD copies Form-NIC-OGS/WP{TRK}