THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 9913 of 2011 O R D E R: Notice before admission. Learned counsel for the petitioners is permitted to serve the entire paper book in the writ petition on the respondents by registered post and file proof of service. I consider it appropriate to implead the Director of Survey and Settlement, Office of the Chief Commissioner of Land Administration, Nampally Station Road, Hyderabad as well as the District Collector and Magistrate, R.R. District, Lakdikapool, Hyderabad as proper and necessary party respondents to this writ petition. Hence, they are suo motu impleaded as respondents 7 and 8. the learned counsel for the petitioners is directed to serve the now impleaded respondents 7 and 8 the paper book in this writ petition. Lands belonging to the sixth respondent temple of an extent of Ac.8.00 alone were permitted to be sold by the State Government for the purpose of augmenting the income of the said temple. Accordingly, the Executive Officer of the temple executed sale deed in favour of Annapurna Cooperative House Building Society conveying and transferring right, title and interest over land of an extent of Ac.8.00. So far as this Ac.8.00 of land is concerned, there is no difficulty with regard to the sale transaction, but it is suspected that while proposing to transfer Ac.8.00 of land of the temple out of total extent of more than Ac.10.00 available and owned by the temple, more extent than Ac.8.00 has been transferred by handing over physical possession thereof to the purchaser, namely Annapurna Cooperative House Building Society. The petitioners herein are purchasers of individual plots, which are laid out by Annapurna Cooperative House Building Society. Therefore, it is essential, first of all, to ascertain whether Annapurna Cooperative House Building Society has laid out and divided the land into plots in a total extent of Ac.8.00 only or more land than Ac.8.00 has been utilized for the said purpose by it. If more than Ac.8.00 of land has been developed and laid out by Annapurna Cooperative House Building Society, to the extent of excess land than Ac.8.00 becomes illegal and impermissible to be developed by the said society. Further the boundary for Ac.8.00 of land has also got to be fixed. Then the extent of Ac.8.00 purchased by it from the sixth respondent temple will become known. For this purpose, I consider it appropriate to direct the Commissioner of Endowments, the third respondent herein and the District Collector, R.R.District, the newly added respondent herein to take up the issue with the Director of Survey and Settlement Records. They shall secure the land belonging to the sixth respondent temple, which has been authorized to the extent of Ac.8.00 to be sold by the Government to be identified after conducting a survey. The boundaries for this Ac.8.00 of land should also be fixed. It is appropriate that the survey operations be carried out under the direct supervision of a senior officer not below the rank of Deputy Director of Survey and Land Records in the presence of the temple authorities and representatives of the Annapurna Co-operative House Building Society and submit a report to this Court in a sealed cover for further consideration of this Court within a maximum period of four months from the date of receipt of this order. Until further orders, the possession of the individual plots lying with the petitioners herein or their predecessors in interest shall not be disturbed by the third respondent, Commissioner of Endowments or the sixth respondent temple. No further constructions should also be allowed. For further consideration, call the writ petition after submission of the report as called for above. Registry is directed to communicate a copy of this order to all the respondents within one week. ------------------------------------- NOOTY RAMAMOHANA RAO,J rns After the above order is passed, a representation is made on behalf of Sri P. Venkat Reddy, learned counsel for the writ petitioners that he was instructed by the writ petitioners to withdraw the Writ Petition and it be dismissed as such. Accepting the request, the above Writ Petition is dismissed as withdrawn. No costs. ------------------------------------- NOOTY RAMAMOHANA RAO,J 19th April 2011 ksld