THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3797 of 2011 ORDER: The Government of Andhra Pradesh allotted about Acs.14.00 of land in Survey No.403/1 of Shaikpet Village, Golconda Mandal, Hyderabad in favour of Nandagiri Cooperative Society (for short ‘the Society’). A layout was obtained by the Society from the Municipal Corporation of Hyderabad in the year 1993. Plot No.48 of the layout was allotted to Smt.Y.Indira Devi, the mother of the petitioner herein and a sale deed was executed in her favour by the Society on 25.03.1995. Indira Devi, in turn, executed a gift settlement deed on 27.02.1999 in favour of the petitioner and the petitioner is said to be in possession and enjoyment of the plot, duly constructing compound wall. The Government of Andhra Pradesh allotted a piece of land in favour of respondent No.1 in the immediate neighbourgood of the plot of the petitioner. The same was divided into plots. A notification was issued by them proposing to sell plots in different locations including Nandagiri Hills through e-Bidding. The petitioner contends that the plot owned by her is shown as the one, to be sold in the auction. She contends that though she approached the authorities of respondent No.1 pointing out her grievance, there was no proper response. A counter-affidavit is filed on behalf of respondent Nos.1 and 2. According to them, the plot said to have been owned by the petitioner does not accord with the layout sanctioned by the Municipal Corporation of Hyderabad in the year 1993. It is also stated that in case the petitioner has any grievance, she ought to have approached the authorities concerned, to clear the doubts and for resolution of disputes. Heard the learned counsel for the petitioner and the learned counsel for respondent Nos.1 and 2. The mother of the petitioner was allotted a plot way back in the year 1993 from out of the layout sanctioned in favour of the Society. The same was gifted to the petitioner by her mother. The respondents do not dispute the allotment of land by the Government in favour of the Society or the sale of plot No.48 in favour of mother of the petitioner. According to the layout sanctioned by the Municipal Corporation of Hyderabad, plot No.48 is the last one and it abuts open space. The allotment of the land in the neighbourhood in favour of respondent No.1 took place in the recent past. Before carving out the plots from the area allotted to them, respondent Nos.1 and 2 ought to have put the petitioner on notice, particularly when part of plot No.48 is shown in the plots that are proposed to be sold. If necessary, the original layout sanctioned by the Municipal Corporation could have been verified. Even now, such an exercise can be undertaken. Hence, the writ petition is disposed of directing that: (a) respondent Nos.1 and 2 shall get plot No.48 in the layout sanctioned by the Municipal Corporation of Hyderabad on 04.10.1993 in favour of the Society, demarcated with reference to the original layout. The petitioner shall extend cooperation for the same; and (b) it shall be open to respondent Nos.1 and 2 to proceed with the proposed auction or sale of plots. It is, however, directed that in case plot No.48 or part of it is required to be sold, possession thereof shall not be handed over to the successful bidder. Further steps in this regard would depend upon the outcome of the survey and demarcation of plot No.48 in accordance with the sanctioned layout. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:21.02.2011 kdl