THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.8248 of 2003 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the Memo No.A3/1234/2002 dated 24.9.2002 issued by the second respondent as arbitrary and illegal and consequently direct the second respondent to survey the property admeasuring 4000 sq.yards situated adjacent to H.No.82 of Mohammadi lane, forming part of Sy.No.284/1 Ward No.21, Block No.B situated at Khader Bagh, Mohammadi Lane, Guddimalkapur village, Asifnagar mandal, Hyderabad. According to the petitioner, he has purchased the land admeasuring 4000 sq.yards in Sy.No.284/1 in an open auction conducted by the Evacuee authorities and to that effect he was also issued with a Sale Certificate C.A.F.No.B/5/UT/U(N)/ 231/IV(NT) dated 16.7.1957 by the Government of India, office of Regional Settlement Commissioner. Now the grievance of the petitioner is that since the land is lying open, he intends to fence the same and for that purpose, he made an application to the respondents for conducting survey and for fixing boundaries. The said application was rejected by the respondents vide impugned order dated 24.9.2002 on the ground that the property in question cannot be surveyed separately in Town Survey records. Hence this writ petition. The respondents filed a counter stating that the Deputy Inspector of Survey and Inspector of Survey visited the spot and reported that the subject land falls in T.S.No.6 Block-B Ward No.21 with an extent of 3608 sq.mtrs. of Guddimalkapur village. The land in question is under the custody of Military authorities with fencing and gate and part of the area is covered by the structures of Military authorities and on northern side, one house bearing No.9-4-82 is existing in T.S.No.5 of Block-B, Ward 21 of G.Radha Kishan. Therefore, the request of the petitioner to demarcate part of the land as per Town Survey records could not be considered as the same cannot be related and surveyed to old survey number in view of construction of residential houses. Survey can be conducted if any area whether covered by residential houses or not. May be, it is little difficult to conduct survey in residential areas by locating the old survey numbers and to relate them to town survey numbers. I am of the considered opinion that this approach made by the respondents is very unreasonable and cannot be countenanced. Under those circumstances, the writ petition is disposed of directing the respondents to survey the land as per the identity of land in Sy.No.284/1 and as per the Sale Certificate dated 16.7.1957 and pass appropriate orders as per law, within a period of two months from the date of receipt of this order and communicate the same to the petitioner. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 4.6.2009 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.8248 of 2003 4.6.2009