HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WA.No.s 52, 53, 54, 65, 66 and 69 of 2021
COMMON JUDGMENT: (Per Sri Justice M.S.Ramachandra Rao)
Heard Sri D.V.Seetharama Murthy, Senior Counsel
for Sri Sharad Sanghi, counsel for the appellants, Sri
S.Ram Reddy, counsel for 1st respondent in WA.No.s 52,
54, 65 and 69 of 2021, Sri Vedula Venkata Ramana, Senior Counsel for Sri D.B.Chaitanya, counsel for respondents 1 to 12 in WA.No.53 of 2021 and WA.No.66 of 2021, Sri Harish, Assistant Government Pleader for Revenue and Sri Sampath Prabhakar Reddy, Standing Counsel for GHMC.
2. All these Writ Appeals are filed against the Common Order dt.01.02.2021 in WP.No.s 17067 of 2020, 18180 of 2020, 19224 of 2020, IA.No.2 of 2021 in WP.NO.955 of 2021, IA.No.2 of 2021 in WP.No.1000 of 2021 and IA.No.2 of 2021 in WP.No.1394 of 2021.
3. In the said order, the learned Single Judge had noticed that there is a dispute about the localization between the appellants and the private respondents in relation to land in survey No.189/A and 189/AA of Kondapur Village, Serilingampally Mandal, Ranga Reddy ::2::
District, which is required to be resolved by a survey to be done through the Assistant Director of Survey and Land Records, Ranga Reddy District.
4. The learned Single Judge was of the opinion that the permission granted in favour of the appellants by the GHMC was made subject to a survey to be conducted by the Assistant Director of Survey and Land Records mentioning clearly that "if any contrary survey report is received at later stage, GHMC would revoke the permission as per rules", and that ends of justice would be met if such survey is directed to be done after giving notice to all the affected parties.
5. Since the respondents are apprehending that under the guise of the building permission, the appellant is likely to encroach on their land, after hearing the counsel at length, we are satisfied that such localization of the land claimed by the appellants and the respective private respondents is desirable and necessary to avoid complications in future for both sides and to give a quietus to the issue between the parties.
6. We therefore do not see any reason to interfere with the impugned order passed by the learned Single Judge.
::3::
7. Accordingly, all the Writ Appeals are dismissed. No order as to costs.
8. The Assistant Director of Survey and Land Records, Ranga Reddy District, is directed to give notice to the counsel on record for the respective parties i.e., Sri Sharad Sanghi, counsel for appellants, Sri S.Ram Reddy, and Sri D.B.Chaitanya, counsel for private respondents in the Writ Appeals, within three days from today fixing the date of survey in the next seven days; all parties are permitted to submit work memos to the Assistant Director of Survey and Land Records, Ranga Reddy District; and the Assistant Director of Survey and Land Records, Ranga Reddy District is directed to complete the survey by 08.05.2021. The said survey report along with sketch map shall be placed before the learned Single Judge hearing the Writ Petitions out of which the impugned order has arisen, after serving a copy thereof to all the parties. Both parties shall bear equally the expenses for the survey by the Assistant Director of Survey and Land Records, Ranga Reddy District and deposit the same before the survey is commenced.
::4::
9. Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________________________ M.S.RAMACHANDRA RAO, J ______________________ T.VINOD KUMAR, J 22nd April, 2021.
Note : Issue CC in two days.
B/o(gra)