IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 8557 of 2004 Between: Mohd Aziz Uddin Farooque, S/o.Late Mohd Naseer Uddin Nizami, Muslim, R/o.177/A, MLA Colony,Road, No.12, Banjara Hills, Hyderabad. ..... PETITIONER AND The Deputy Director Survey and Settlement, Govt. of A.P.Collectorate, Nampally, Hyderabad. .....RESPONDENT 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 directing the Respondents consider and dispose off the Representation/Application dt.8-4-2004 within 4 weeks from today and consequently declare the inaction of the Respondent in taking steps to pass Counsel for the Petitioner: MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: ORAL ORDER: Claiming to be the owner of property bearing H.No. 6-1- 1057 and 6-1-1057/1, Zard Bungalow, Khairtabad in survey No.48 Khairatabad mandal, Hyderabad, co-related to town survey 48, Ward No.6, Block No.1 in an extent of 5,566 square yards, inherited from his maternal grand father—Nawab Iqbal Yar Jung Bahadur, and claiming to be the current owner of the property along with his aunt—Syeda Ahmed Begum wife of Syed Abdul Razzaque, the petitioner by an application dated 8-04-2004 sought issuance of a certified copy of T.S.L.R extract of the property for the purpose of obtaining a building permission from the Hyderabad Municipal Corporation. No such certificate having been issued, the writ petition is filed for a direction to the respondents to dispose of the representation/application of the petitioner dated 08-04-2004. The respondent has filed a counter affidavit. To the extent relevant and material, the counter states: “…On receipt of the application, the Town Survey records have been verified and noticed that the land being claimed by the petitioner i.e., T.S.No.48 Ward 6 Block-1 is recorded as ‘G’ Abadi and the area is situated at Yellareddyguda and not at Khairthabad. However as per Town Survey records the property No. 6-1-1057 is located in T.S.No. 5 under Ward 83 Block-M of Khairthabad village and recorded as Government P.W.D. under Col.No. 20 of T.S.L.R. with an extent of 4436 Sq. Mts. It is submitted that on verification of Town survey records, the property bearing No. 6-1-1057/1, is not recorded in concerned T.S.L.R. as alleged by the petitioner. The Surveyor of this office has also inspected the spot and reported that the T.S.No. 5 is covered by Meera Theatre and Sensation Theatre at now. Hence a reply was furnished to the petitioner through memo No. A2/Ts/278/2004 dt. 11-06-2004. It is further submitted that the area is covered by detail Town survey conducted during the period 1964-1971. Thereafter Town Survey records are validated after its publication under Section 13 of Survey and Boundary Act. During Town survey operations the land in question is classified as ‘G.P.W.D.’ land. The applicant or the predecessors never challenged the above entry recorded in T.S.L.R. at any point of time. Hence the writ petition is not maintainable over Article 226 of the Constitution of India. It is respectfully submitted that the application dt. 8-4- 2004 filed by the petitioner has been disposed off by this respondent and the fact of position of the Town Survey records has been intimated to the petitioner in this office Memo No. A2/TS/278/2004 dt. 11-06-2004.” The counter affidavit was filed on 10-08-2004. No subsequent pleading is filed by the petitioner rebutting the averments in the counter affidavit. In the light of the averments in the counter affidavit, the case of the petitioner is mis- conceived as is the writ petition. The same is accordingly dismissed. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 21-04-2008 Pvks/*