THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.19525 OF 2002 Dated 26th November, 2009 Between: J.Madhusudhana Rao and three others …Petitioners And Municipal Corporation of Hyderabad and another …Respondents Counsel for the petitioners: Sri K.Raghuveer Reddy Counsel for the respondents: Sri D.Kodanda Rama Rao The Court made the following ORDER: This writ petition is filed for a Mandamus to declare proceedings dated 18.01.2002 of respondent No.2 as illegal and unconstitutional. The petitioners purchased an extent of 876 square yards in Survey Nos.94, 95 and 96 of Ward No.6, Block No.3 of Khairatabad (numbered as 427) through registered sale deed dated 19.10.1992 from Gramodyog Cooperative Housing Society Limited, Hyderabad. According to the petitioners, the said society purchased the said land in the year 1962. The petitioners approached the respondents for granting permission for construction of building on the said land and accordingly permission for construction of stilt for parking and three upper floors for construction of residential flats was granted vide permit dated 04.03.1996. As against the sanctioned plan, the petitioners constructed two extra floors and a penthouse and applied for regularisation of the unauthorised constructions as per G.O.Ms.No.419 dated 31.07.1998. While the said application was pending, the District Collector, Hyderabad District appeared to have addressed letter dated 13.03.2001, wherein it was mentioned that an extent of 399.84 square meters of land in T.S.No.54, Block No.L, Ward No.85 is a Government Vacant Municipal (GVM) land and that the prevailing market value of the land in the vicinity is about Rs.10,000/- per square yard. It was further stated in the said letter that the petitioners may approach the Office of the District Collector, Hyderabad District for alienation of the GVM land in their favour for taking further action for regularisation of the unauthorised construction under the BRS scheme. At the hearing, Sri K.Raghuveer Reddy, learned counsel for the petitioners, submitted that no notice has been issued by the District Collector to the petitioners and that therefore, the impugned communication is illegal and arbitrary. A perusal of the impugned proceedings shows that the same was based on the letter addressed by the District Collector, wherein he informed the respondents that an extent of 399.84 square meters forming part of the land over which the petitioners have raised construction is a Government land. All that the respondents have done in the impugned proceedings was to request the petitioners to approach the District Collector for settling the issue. Therefore, I do not find any reason, whatsoever, for this Court to interfere with the said proceeding. Eventually it is for the petitioners to satisfy the District Collector, Hyderabad District that the land in question does not belong to the Government and that the same is a private land in respect of which the title is vested in them. If the District Collector does not accept the petitioners’ contention, the petitioners will have to get their title declared in an appropriate Court of law. The petitioners are, therefore, given liberty to approach the District Collector, Hyderabad District with appropriate representation. If such a representation is made, I am sure, the District Collector will consider the same in accordance with law and communicate his decision to the petitioners within a reasonable time. Subject to the above observations, the writ petition is disposed of. C.V.NAGARJUNA REDDY, J Dated 26th November, 2009 vrn