THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 9191 OF 2011 O R D E R: Learned counsel for the writ petitioners submits that pursuant to a notification issued by the State, a portion out of Ac. 25.17 guntas in Survey Nos. 13 and 15 of Himayathsagar Village, Ranga Reddy District belonging to the writ petitioners’ predecessors-in-interest has been acquired by the State. The petitioners herein claim title to the balance land by virtue of a gift/settlement deed executed by the predecessors-in-interest in their favour. But however, the writ petitioners are not in a position to identify with necessary precision that portion of the land, which stood acquired and the balance land, which is not acquired by the State. For the said purpose, they have approached the Special Deputy Collector, Land Acquisition Unit VI, Outer Ring Road, Hyderabad Urban Development Authority, Tarnaka, Hyderabad, on 01.12.2009. Though more than 1 ½ years has elapsed, this representation of the writ petitioners has not been adverted to or their grievance is redressed. Hence, they instituted this Writ Petition. Though the matter has been adjourned twice for enabling the learned Government Pleader for Revenue to secure necessary instructions, the learned Government Pleader has not yet been furnished with the necessary instructions. However, what is important to notice is, the District Collector, Ranga Reddy District is impleaded as the 2nd respondent to this Writ Petition. So was the Special Deputy Collector of the Land Acquisition Unit-VI of Outer Ring Road Project undertaken by the Hyderabad Urban Development Authority which was re-christened as Hyderabad Metropolitan Development Authority. If the State has already acquired a portion of the land forming part of Survey Nos. 13 and 15 of Himayathsagar Village, Ranga Reddy Mandal, for formation of Outer Ring Road, it is only appropriate that they must demarcate the area, which stood acquired by them, leaving out the rest of the area, which is a free hold one. Section 5 of the Andhra Pradesh Survey and Boundaries Act, 1923 clearly stipulates that the State Government or subject to the control of the State Government, any officer or authority to whom these powers may be delegated by it may by notification order a survey of any Government land or of any boundary of such land or of the boundary forming part of the common limit of the Government land and land that is not Government land. Therefore, in exercise of the power available to it under Section 5 read with Section 9 of the aforementioned Act, which enables the survey officer to determine and record as undisputed any boundary, the request of the writ petitioners for fixing the boundary of the Government land be considered, so that the rest of the land held by the writ petitioners can be segregated and demarcated. For this purpose, if the writ petitioners are required to pay any fee, the respondents would intimate the same to them within a maximum period of one month time from the date of receipt of a copy of this order and thereafter, give them a minimum of 15 days time for depositing the said money and upon deposit of the said money, the respondents will order and undertake the necessary survey of the land acquired by the State Government in Survey Nos. 13 and 15 and fix the boundary limits for the said land which was acquired so that the rest of the private land said to be owned and belonging to the writ petitioners can be held by them free hold. Let this exercise be completed within a maximum period of three months from the time the necessary deposit is made by the writ petitioner. With this, the Writ Petition stands disposed of at the admission stage. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 26th April 2011 ksld