GOVERNMENT OF ANDHRA PRADESH Vs. GRACE SATHYAVATHY SHASHIKANT

JUDGEMENT

(1.) The matter before us has had a chequered history and has careered through the Courts resulting ultimately in Government filing a review petition against our judgment dated 16.08.2017, which review was disposed of by judgment dated 27.02.2019 seeking to locate where exactly Survey No. 129/45/D, Jubilee Hills, Sheikpet, Hyderabad, happens to be.

(2.) The writ petitions were originally filed challenging the proceedings under Urban Land (Ceiling and Regulation) Act, 1976, and a proceeding by which certain land was handed over to the Andhra Prabha Publications(newspaper publication). These proceedings culminated in the judgment of a learned Single Judge, who ultimately stated that the Urban Land Ceiling proceedings have abated, and that it would be necessary to get a Survey conducted by the competent authority in order to determine whether the allotment of land to the Andhra Prabha publications would be set aside. It was held by the learned Single Judge that if, after survey, it is clear that the extent of 8,000 square meters that was alloted to the Andhra Prabha publications was in fact Survey No. 129/45/D, the order allotting the aforesaid land to Andhra Prabha publications would have to be set aside. It was further ordered that if the petitioners feel aggrieved by the said survey result, they shall be free to file appropriate remedies available to them in law.

(3.) The Division Bench of the High Court of Judicature, Andra Pradesh, by a judgment dated 16.03.2011, set aside the judgment of the learned Single Judge. The order of the Division bench was, in turn, set aside by this Court on 16.08.2017, by which judgment it was stated that the Division Bench erred in mixing up two sets of properties, as a result of which, after setting aside the order of the Division Bench, the direction contained in the order of the learned Single Judge was restored. Proceedings then arose in which our order dated 10.05.2018 reflects that Survey no. 129/45/D had to be demarcated. Despite an order of this Court dated 21.03.2018, this had not taken place, as a result of which the authorities were directed to submit on affidavit a copy of the demarcated area on a plan made out for that purpose.