IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION Nos.25345 of 2008 & 6909 of 2009 Between: Abdul Raheem, and others. ..... PETITIONER AND State of Andhra Pradesh, rep.by its Collector, Rangareddy District. and others. .....RESPONDENT(S) COMMON ORDER : Since the petitioners and respondents in both these writ petitions are one and the same and the cause of action is also one and the same, both these writ petitions are heard together and being disposed of by this common order. W.P.No.25345 of 2008 This Writ petition has been filed seeking to declare inaction of the respondents in not disposing of the representation dated 24.09.2008 of the petitioner and steps taken to regularize alleged encroachments made by the third parties over the petitioner's land treating it as Government land under G.O.Ms.No.166, as arbitrary, illegal and violative of the principles of natural justice. 2. According to the petitioner, he has purchased Ac.2-00 of land in Sy.No.9/1 of Saroor Nagar village and Mandal, Rangareddy District on 14.01.1963 from the office of Private Estate Trust of HEH the Nizam. In Survey No.9/1, in all, there are Ac.540.32 guntas of land and out of it about Ac.295.18 guntas were declared as Government land. For the rest of the land a patta was issued to HEH Nizam. However, it appears that the land, purchased by the petitioner i.e., Ac.2.00, was considered to be part of the Government land by the respondents. Under those circumstances, the petitioner had already filed O.S. No.6 of 2007 on the file of II Additional District Judge, Rangareddy District for declaration of title and permanent injunction. The said suit is pending. While that being so, some third parties applied for regularization of their possession in Survey No.9/1/J under G.O.Ms.No.166, Revenue (ASSN. POT) Department, dated 16.02.2008. According to the petitioner, though the petitioner filed objections, same was not considered by the respondents. 3. Under those circumstances, without expressing any opinion on merits, the respondents are directed to consider the representation dated 24.09.2008, submitted by the petitioner and pass appropriate orders as per law, within a period of eight(8) weeks from the date of receipt of a copy of this order, after issuing notice to all the concerned parties in this regard. W.P.No.6909 of 2009 4. The Writ petition has been filed by petitioners under Article 226 of the Constitution of India seeking to set aside the G.o.ms.No.314 Revenue (ASN.V) Department, dated 26.02.2009 issued by the 1st respondent to the extent “permitting the respondent No.3 for alienation of the land of the equal value (in out of Ac.1.10 guntas) in Sy.No.9/1/J of Saroornagar Village & Mandal, R.R.District in favour of HMDA by way of Book adjustment in lieu of their land being allotted to M/s.Deccan Chronicle Holdings Ltd., and the direction to respondent No.2 and 3 to take necessary action” as the same is arbitrary, illegal and violative of principles of natural justice. 5. The subject matter of this writ petition and the above writ petition is one and the same. 6. According to the petitioner, the earlier survey number was 9/1. However, some third parties naming it as Survey No.9/1/J applied for regularization under G.O.Ms.No.166, Revenue (ASSN. POT) Department, dated 16.02.2008 to an extent of Ac.1-10 guntas. Thereafter, the impugned G.O.Ms.No.314, Revenue (ASN.V) Department, dated 26.02.2009 was issued permitting the 2nd respondent to alienate the same in favour of HMDA in lieu of their land being allotted to M/s.Deccan Chronicle Holdings Limited. According to the petitioner, the said land is nothing but land held by him in survey No.9/1 (Old) as the same was purchased by him under a registered sale deed dated 14.01.1963 from HEH the Nizam. Out of this Ac.2.00 of land, an extent of Ac.1-10 guntas is sought to be allotted in favour of third parties. Hence, the writ petition. 7. Under those circumstances, without expressing any opinion on merits, the respondents are directed to conduct a fresh enquiry into the matter and take appropriate steps as per law within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained. 8. Accordingly, these two Writ Petitions are disposed of. There shall be no order as to costs. _____________ C.V.RAMULU, J August 03, 2009 KSH/MD