THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.7990 of 2008 ORDER: The petitioner is the absolute owner of the plot of 216.66 square yards, situated in Sy.Nos.763, 765 to 774, 75/1, 85/2 at Bharat Nagar Colony, Fatehnagar, Balanagar Mandal, Ranga Reddy District. It is stated that the petitioner has sold an extent of 116 square yards to fourth respondent and stating that the extent was wrongly mentioned as 126 square yards, the petitioner obtained deed of rectification, dated 25-01-2008 modifying the extent to 116 square yards. The fourth respondent obtained the permission to construct a building on the land purchased by him. The petitioner submitted a complaint, dated 01-11-2007 alleging that the fourth respondent did not leave the stipulated setbacks. His grievance in filing this Writ Petition is that no action is being taken thereon. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The complaint submitted by the petitioner is on the basis of the rectification deed, dated 25-01-2008. From a perusal of the deed, it is evident that the fourth respondent did not join it. The question as to whether deed of rectification is binding upon the fourth respondent becomes debatable. Obviously, the fourth respondent has obtained permission to construct a building on the basis of the sale deed in his favour, which depicted the extent as 126 square yards. The petitioner presumes that there is deviation on the part of the fourth respondent by treating the extent transferred as 116 square yards. These questions need determination by a civil Court on the basis of the evidence that may be adduced by the parties. Respondents 1 to 3 cannot be expected to take any action in such matters. Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to work out his remedies by filing a suit before the civil Court seeking appropriate relief. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY, J. 10th November, 2009. skmr THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.7990 of 2008 Date 10-11-2009 Between : Dr.G.Suryanarayana Raju .. Petitioner And The Govt. of A.P. Municipal Administration and Urban Development Department, rep. by its Principal Secretary, Secretariat, Saifabad, Hyderabad & 3 Others .. Respondents