IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 122 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11/11/2008 in WP NO : 18177 OF 2008 on the file of the High Court.) Between: B.Sambasiva Rao S/o. Venkata Krishna R/o. H.No. 6-38/2, Chaitanyapuri, Kothapet, Hyderabad. ..... APPELLANT AND 1 The Revenue Divisional Officer, Ranga Reddy District, Near Public Gardens, Hyderabad. 2 The Commissioner , Survey and Land records, Survey Bhavan, Narayanaguda, Hyderabad. 3 The Mandal Revenue Officer, Uppal Mandal, Uppal, Hyderabad. 4 Marepalli Netrananda S/o. M.R. Raja R/o. Sector -4/541, Vaishkali, Ghaziaad, U.P. Rep. by his GPA Holder, Smt. Palaparthi Satyavathi W/o. Marepalli Yadonatha , R/o. Munipalle, Ponnur Mandal, Guntur District. .....RESPONDENTS Counsel for the Appellant: SRI T.V.P.PRABHAKAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :122 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred against order, dated 11.11.2008 in W.P.No.18177 of 2008, whereby the learned single Judge dismissed the writ petition filed by the appellant questioning the inaction of the 3rd respondent in not surveying and identifying plot Nos.62 & 63, as illegal and arbitrary. The appellant filed the above writ petition on the ground that he purchased plot No.63 situated in Sy.No.222 of Kothapet village, under sale deed dated 25.4.1981 and constructed a house therein and while so, a land grabbing case was instituted against him alleging that he constructed the house in plot No.62 instead of plot No.63 and in the said case, a report was submitted that he constructed the house in plot Nos.61 and 62 and in those circumstances, he made number of representations to various authorities seeking to identify plot No.63, but of no avail. The learned single Judge having observed that two commissioners were appointed by the Special Court and the Special Tribunal after due survey and verification of the records found that the writ petitioner constructed a building in plot No.62 but not in plot No.63, as claimed by him and along with the report submitted by the Assistant Director of Survey and Land Records in LGA No.17 of 1999, a sketch was also submitted, which clearly shows not only plot Nos.62and 63, but also plot Nos.56, 57, 60 and 61 and therefore, the submission of the petitioner that he is not able to find plot No.63 cannot be accepted, dismissed the writ petition. Having been aggrieved by the same, the present writ appeal has been filed. Heard the learned Counsel and perused the material available on record. On a perusal of the material available on record and the order under appeal, it is apparent that the land grabbing proceedings were initiated long back in the year 1993 and thereafter, in the land grabbing proceedings, a report and also a sketch were submitted in respect of the plots in question and in spite of the same, the disability pleaded by the petitioner to identify his land for all these years, does not appear to be a bonafide one. In this view of the matter, we feel that order under appeal does not suffer from any illegality or irregularity warranting interference of this Court and hence, the appeal is liable to be dismissed. Accordingly, the writ appeal is dismissed. No order as to costs. _________________________ Justice T. Meena Kumari ____________________________ Justice C.V. Nagarjuna Reddy Date: 9th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 122 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 9th February, 2009