BOORLA AMARNATH B.KANTHAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In both writ petitions the challenge is against same proceedings. Petitioners 1 and 2 in W.P.No.39279 of 2017 are respondents 22 and 17 respectively in W.P.No.6761 of 2018. Petitioner in W.P.No.6761 of 2018 is respondent no.5 in W.P.No.39279 of 2017. Respondents 6 & 7 in W.P.No.39279 of 2017 are respondents 7 and 8 in W.P.No.6761 of 2018. The issue in both writ petitions is conducting survey and proposing to undertake demarcation of land in Sy.Nos.160 and 161 of Hydernagar village. In view thereof, these writ petitions are disposed by this common order. For convenience, parties are referred to as arrayed in W.P.No.39279 of 2017.

(2.) In W.P.No.39279 of 2017, there are three petitioners. According to petitioners, petitioners 1 and 2 claim to be absolute owners and in possession of house bearing No.16-2-100/35 in Plot Nos.35 and 878 and the 3rd petitioner was the developer of plot nos.192 and 193. These plots form part of layout made on land in Sy.Nos.148 to 155 of Hydernagar village formed by the Gopal Nagar Co-operative House Building Society Limited. Petitioners trace history of flow of title. According to petitioners, respondents 6 and 7 filed application dated 24.05.2014 to conduct survey of lands in Sy.Nos.160 and 161. Based on such request, survey was conducted behind the back of the petitioners and the Regional Deputy Director (RDD) submitted report dated 24.10.2014 (Ex.P3) to the Commissioner of Survey Settlements and Land Records (for brevity hereinafter referred to as 'the Commissioner'). The IDPL Employees Co-operative House Building Society preferred appeal to the Joint Collector against said report of the RDD. The Joint Collector vide his orders dated 25.10.2017 (Ex.P2) directed the RDD to show the boundaries of Sy.Nos.160 and 161 in accordance with his report dated 24.10.2014 and in pursuance to the notice issued by the Assistant Director dated 13.03.2015. On 15.11.2017 the Assistant Director issued notice dated 15.11.2017 (Ex.P1) informing the date of demarcation/spot inspection as 22.11.2017. This, writ petition is instituted challenging the Exhibits P1 to P3 decisions/notices.

(3.) Petitioner is IDPL Employees Co-operative Housing Society Limited. Petitioner claims to own Acs.65.00 guntas in Sy.No.163 of Hydernagar village, having acquired title to the property by virtue of final decree proceedings in C.S.No.14 of 1958. Society obtained orders to convert land for non-agricultural purposes. Society was served Survey Notice dated 20.06.2014 proposing to conduct survey of land in Sy.Nos.160 and 161 on a request made by A.Laxman Rao (7th respondent). Initially, survey was to be conducted on 27.6.2014, but later postponed to 2.7.2014. Petitioner claims to have opposed survey. RDD submitted his report dated 24.10.2014 (Annexure P2) to the Commissioner. While so, on a common application made by 7th and 8th respondents, the Assistant Director of Survey and Land Records (Assistant Director) issued notice on 13.02.2015 (3.3.2015) proposing to demarcate land in Sy.Nos.160 and 161. On 11.03.2015 petitioner filed appeal before the Commissioner, but Commissioner by his order dated 18.03.2015 while observing that petitioner should avail remedy of appeal before Joint Collector stayed further action on the notice dated 03.03.2015 (Annexure P12). Accordingly, appeal was preferred before the Joint Collector. Simultaneously, appeal was also preferred against report of RDD dated 24.10.2014. In view of filing appeal before the Joint Collector against notice dated 03.03.2015, the Commissioner closed the appeal filed before him, by continuing earlier interim order till disposal of appeal by Joint Collector, vide his order dated 06.10.2015 (Annexure P15). The Joint Collector passed final orders in the appeal on 25.10.2017 (Annexure P1). On 15.11.2017, the Assistant Director issued notice informing his decision to fix boundaries of land in Sy.Nos.160 and 161 on 22.11.2017 (Annexure P3). In this writ petition, petitioner challenges the decisions/notices filed as Annexures P1 to P3.