M/S. Aishwarya Builders And ... vs Mohd. Ameer Ali And 14 Others
2021 Latest Caselaw 1302 Tel

     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)