THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10337 of 2003 Dated:02.12.2010 Between: Sri Bhavanarishi Cooperative House Building Society. ...Petitioner And The District Collector, Ranga Reddy District, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10337 of 2003 ORDER: The petitioner is a Cooperative Society registered under the Andhra Pradesh Cooperative Societies Act, 1964 (hereafter called, the Society). They purchased land admeasuring Acs.17.19 guntas in survey No.158 of Kapra Village for providing house sites to members. The transaction is under two registered sale deeds dated 15.11.1997 and 19.11.1997. Sometime in May 2003, it is alleged, that the respondents initiated proposals to allot an extent of Acs.3.00 in survey No.158 to third party. Under an impression that the land proposed to be allotted forms part of the land in survey No.710/1, the Society asserts that the land sought to be allotted to third party does not form part of survey No.710/1. After approaching the respondents in vain, they filed the instant writ petition seeking appropriate mandamus for declaration and consequential direction. The counter affidavit is filed alleging that the land claimed by the petitioner falls in survey No.710/1. During the pendency of the writ petition, it appears, the petitioner – Society filed another writ petition, being W.P.No.7432 of 2009. In obedience to the directions issued on 09.04.2009 in W.P.M.P.No.12991 of 2003, the Assistant Director, Survey & Land Records, Ranga Reddy District, conducted survey and demarcation. The report dated 30.08.2009 is placed before this Court, which is made part of the record. Therein, inter alia, it is stated as under. After conducting the demarcation/fixing the boundaries of Sy.No.158 it is found that the road (66 feet wide) leading from Radika Theatre to Dammaiguda H/o.Nagaram Village is completely passing through Sy.No.158 of Khapra Village and there is piece of Ac.2.10 gts. is found between Northern side of the road and Southern side of Sy.No.710/1 of Khapra Village belonging to Survey No.158. It is evident as seen from the layout plan approved by the HUDA in sy.No.710/1 (which is existing to the Northern side of Sy.No.158) in which Plots are formed and distributed to the beneficiaries by the District Collector, R.R.District. In this said Layout plan, this piece of land in question is shown as Neighbour’s land i.e., Part of Sy.No.158. This said piece of land under the possession of petitioner society. The plotted sketch showing the measurements as per Tippan of Sy.No.158 and existing road as per Spot, (ii) Xerox copies of the Village Maps of Khapra and Nagaram Villages duly showing the points of existing old Survey Stones on ground, (iii) Xerox copy of the Original Tippan of survey No.158 and (iv) Original Notice served on the Petitioner and the Mandal Revenue Officer are enclosed herewith. From the above, it is very clear that the land admeasuring Acs.3.00 claimed by the petitioner falls in survey No.158 only. In that view of the matter, the cause of action does not survive recording the survey report as above. The Writ Petition stands disposed of accordingly. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 02.12.2010 vs