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Judgment
This Writ Petition is filed questioning the speaking order dated 05.01.2022, whereby the 7th respondent has directed the petitioner to remove the gate erected into the GVM road within 24 hours from the date of receipt of the notice, as illegal and arbitrary.
Sri A.P.Suresh, learned counsel for the petitioner, submitted that earlier the petitioner has approached this Court by filing W.P.No.8354 of 2020 when the respondent Municipality has tried to remove the gate and demolition of boundary wall. Then, this Court, by order dated 29.06.2021, has directed the official respondents to conduct a joint survey comprising of the Municipal Surveyor, the Tahasildar concerned, or any senior surveyor from the AD Survey and Lands Records. It is submitted that the survey that is conducted by the official respondents is contrary to the orders passed by this Court in W.P.No.8354 of 2020. Learned counsel has placed before this Court the survey report and submitted that except reiterating the earlier survey, it does not disclose and does not answer any of the issues that are raised by the petitioner.
When this matter came up on 21.04.2022, this Court has directed the petitioner to specify what are the disputes that are involved and what is the survey that has to be conducted in clear terms and after that the petitioner cannot take a different stand thereafter. Then, the petitioner has come up with additional affidavit before this Court, wherein it is stated that the joint survey may be conducted taking into consideration the following aspects:
(a) Joint survey to be prepared referring to the town map/TSLR, ward map, revenue map and F &B sketches available and applicable to the Banjara Hills location where the subject land is situated.
(b) To provide the length and breadth of the alleged public road and determine where the alleged public road begins and ends.
(c) To demarcate and distinguish the area covered as the alleged public road/GVM Road by separating my property from the alleged road.
Learned counsel for the petitioner submitted that if the surveyor conducts the survey on the above three aspects, the disputes between the parties can be resolved effectively.
Sri T.Surya Satish, learned counsel for the unofficial respondent, and Sri Pasham Krishna Reddy, learned Standing Counsel, submits that they have also no objection to conduct survey as stated above.
In view of the same, this Writ Petition is disposed of with the following directions:
(1) Municipal Surveyor, the Tahasildar concerned, or any senior surveyor from the AD Survey and Lands Records shall conduct a survey on 09.05.2022, on the following aspects:
(a) Joint survey to be prepared referring to the town map/TSLR, ward map, revenue map and F &B sketches available and applicable to the Banjara Hills location where the subject land is situated.
(b) To provide the length and breadth of the alleged public road and determine where the alleged public road begins and ends.
(c) To demarcate and distinguish the area covered as the alleged public road/GVM Road by separating my property from the alleged road.
(2) The parties shall be present on 09.05.2022, both the petitioner and respondents undertake to be present on that day.
(3) Till 30 days from the date of receipt of copy of the survey report, status quo obtained as on 07.01.2022 shall be maintained. After that, it is open for the respondent Corporation to take appropriate action, in accordance with law.
Miscellaneous applications, pending if any, shall stand closed. No order as to costs.