THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.8010 OF 2010 ORDER: The petitioner has prayed that directions be issued to respondent Nos. 1 to 3 to conduct survey and demarcation of plot bearing No. 326, admeasuring 600 square yards situated in the lay out of Vijaya Cooperative House Building Society Limited (for short “the society”) in survey Nos. 125(p) and 126(p) of Yousufguda Village, Shaikpet Mandal, Hyderabad District. Briefly, the facts of the case are that the Society was allotted Acs.77.14 guntas in survey Nos.125 and 126 by the Government of Andhra Pradesh on 13.04.1994 on payment of cost of the land. Thereafter, the said society carved out plots and sold the same to different persons. The petitioner is one such person who purchased the plot from the society vide sale deed dated 10.04.1996. The State Government allotted the adjoining land admeasuring Acs.30.00 cents in survey Nos.125 and 126 on 09.09.1985 to the fourth respondent prior to the aforementioned allotment. A boundary wall has also been constructed by the fourth respondent. The grievance of the petitioner is that the fourth respondent has constructed the boundary wall much beyond the area allotted to it and that the area of the petitioner has been totally obliterated. Learned counsel for the petitioner has referred to the counter- affidavit filed on behalf of respondent No.2 wherein it has been stated in paragraph 6 as under: Notwithstanding the above controversy between the petitioner and its society and the fourth respondent to identify the land allotted to the Vijaya Cooperative House Building Society Limited and to the institution the entire land allotted to both the society and the institution has to be surveyed and demarcated. Even in the report of the Deputy Director dated 11.12.2008, he himself expressed that there is some over lapping. Since there is overlapping between the lands allotted to the Vijaya Cooperative House Building Society Limited and the fourth respondent institution, a comprehensive survey has to be done.” Learned counsel submits that in view of the admission made by the second respondent, survey ought to have been conducted and directions for conducting survey may be issued. Learned counsel for the respondents, however, submits that as the land was allotted to respondent No.4 and boundary wall was also constructed much before the land was allotted to the society, no survey is necessary. After hearing the counsel for the parties, it is clear that the present case may be a case of overlapping and respondent No.4 may have constructed the boundary wall within the area allotted to the society from whom the petitioner has purchased the plot. Hence, it would be appropriate if the survey is conducted. Accordingly, directions are issued to respondents Nos. 2 and 3 to get the survey conducted in survey Nos. 125(p) and 126(p) of Yusufguda Village, Shaikpet Mandal, Hyderabad. Before conducting the survey, the second and third respondents shall issue necessary notices to all the parties concerned. Respondent No.4 is directed to cooperate in the survey being conducted by respondent Nos. 2 and 3. The survey be conducted within a period of four months from the date of receipt of a certified copy of this order. The writ petition is allowed accordingly. No costs. ASHUTOSH MOHUNTA,J 15.02.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.8010 OF 2010 Dt. 15.02.2011