IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 25214 of 2000 Between: Pamulapati Virenderanath Chowdary, S/o Major P.T Chowdary, R/o 8-2-326/DH, Road No.14, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 Mandal Revenue Officer, Golconda Mandal, Hyderabad. 2 Revenue divisional Officer, Hyderabad. 3 District Collector, Hyderabad. .....RESPONDENTS Counsel for the Petitioner:MR. PERI PRABHAKAR FOR MR.V.VENKATARAMANA Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to direct the respondents to forbear from demolishing/dismantling house bearing premises No.8-2-283/4/1, Plot No.1A admeasuring 335 sq.yards in Survey No.129/56, Road No.14, Banjara Hills, Hyderabad and from interfering with the petitioner’s possession and enjoyment of the said property. Heard Sri Peri Prabhakar, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and perused the record. The petitioner claims that he is the owner and possessor of plot bearing No.1A admeasuring 335 sq.yards in Survey No.129/56 of Shaikpet Village, Golconda Mandal, Hyderabad. He claims to have purchased the said property under registered sale deed, dated 28.10.1992. He also traced the title of his predecessor in his affidavit. He stated that after purchasing the said plot, he applied for construction permission to the Municipal Corporation of Hyderabad; that the Corporation has granted permission vide permit No.83/64, dated 18.10.1997 and that under the said permission, he constructed a residential house and completed the same by more than 75%. The petitioner further stated that respondent No.1 came to his plot on 09.12.2000 and informed him that construction of the house was impermissible and they brought equipment to dismantle the house. He further stated that despite his protest, the respondents demolished the wall and a part of roof in the front area of the house to the extent of about 25% of his building area. The petitioner, therefore, filed the present writ petition for the above-mentioned reliefs. In the counter-affidavit filed by the Mandal Revenue Officer, Shaikpet Mandal, Hyderabad District, it is inter alia averred that the land, over which the petitioner is constructing the building, is situated in T.S.No.17 part, Block ‘D’, Ward No.10 correlated to old Survey Number.403 Part of Shaikpet Village and classified as Government land; that the total extent of the said Town Survey No.17 is 9,616 sq.mts and that the claim of the petitioner that the schedule land bears No.1A situated in Survey No.129/56 of Shaikpet Village is denied as incorrect. It is further averred that the petitioner in the guise of raising construction over the land in Survey No.129/56 of Shaikpet Village, encroached upon the above mentioned Government land in T.S.No.17 and started construction after obtaining interim stay of demolition in WPMP.No.32169 of 2000. From the respective pleadings as noted above, the parties are at issue, as to the exact location of the property, over which, the petitioner is raising construction. While it is the specific case of the petitioner that he is raising construction over the land bearing No.1A in Survey No.129/56, it is the case of the respondents that in the guise of raising construction on the said land, the petitioner encroached into T.S.No.17 Part, Block ‘D’, Ward No.10 correlated to old Survey No.403 part of Shaikpet Village. This disputed question of fact cannot be gone into in this writ petition. This issue can be resolved by a proper survey to be conducted by respondent No.1 and if it is found that the construction being raised by the petitioner is in T.S.No.17 and not in Survey No.129/56, the respondents would be entitled to take appropriate action in accordance with law. Therefore, to meet the ends of justice, the writ petition is disposed of, with the direction to respondent No.1 to get the land surveyed under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 and ascertain whether the construction raised by the petitioner is over the land bearing No.1A in Survey No.129/56 of Shaikpet Village or T.S.No.17 Part, Block ‘D’, Ward No.10 correlated to old Survey No.403 part of Shaikpet Village. Before getting the land surveyed, he shall give notice to the petitioner and on the day convenient for both the parties, survey shall be conducted. After conveying the result of the survey to the petitioner, the respondents are entitled to take appropriate action depending upon the result of the survey. Respondent No.1 shall complete this exercise within a period of three (3) months from the date of receipt of a copy of this order. C.V.NAGARJUNA REDDY, J 5th AUGUST, 2008. kvni