N. Y. HANUMANTHAPPA. J.

( 1 ) THE State filed this Appeal challenging the order of the learned Single Judge of this court passed in W. P. No. 10159/98, dated 30-10-1998 quashing the order passed by the District Collector, Hyderabad, in Memo no. 111/7626/97, dated 20-10-1997 refusing to issue No Objection Certificate in respect of the site bearing M. C. H. No. 8-2-470/1 to 5, 6-A and 7 to 12 situated in Road No. 1, banjara Hills, Hyderabad on the ground that the said land is a Government land.

( 2 ) THE parties in this appeal are referred as they were arrayed in the writ petition.

( 3 ) A few facts which are necessary to dispose of this appeal are as follows:- s. Nos. 116/2 and 116/3 measuring to an extent of Ac. 3. 27 guntas situated at khairatabad village, Hyderabad District originally belonged to the then Nizam. It was his private property (Surfekhas ). After coming into force of the Surfekhas Merger regulations, 1359 F. , all the private properties of Nizam were merged with the Government in the year 1949. One smt. Rabia Begum, w/o Nawab Dastagir nawaz Jung had acquired the said land who in turn sold the same to Smt. Pramila modi under a registered sale deed dated 1st farvardi 1355 F. In turn Smt. Pramila Modi sold the said land to the petitioners in the year 1991 and 1992. The land so purchased by the predecessor of the petitioners, namely Smt. Pramila Modi was mutated in the revenue and survey records in her favour as per the orders of the 1st respondent-District Collector, Hyderabad, and orders were passed directing the concerned to mutate her name by issuing a supplementary Sethwar (Survey records ). In letter No. 2615, dated 23rd Mehar 1353 F. in Surfekhas Secretariat File No. 99/45 of 1356 F, S. No. 116 was sub-divided into s. Nos. 116/1 and 116/2. S. No. 116/2 is shown in the name of the petitioners. By subsequent supplementary Sethwar issued in letter No. 352 dated 1st Khurdad 1357 F. , s. No. 116/2 was sub-divided into s. Nos. 116/2 and 116/3. A plan was also prepared to give effect to the order passed by the District Collector. When the dispute started to implement the orders of the collector, the matter was placed before the director of Settlements, Survey and Land records (for short director of Settlements ), and Board of Revenue, Hyderabad. The director of Settlements by his order dated 29-5-1964 while upholding the previous orders of the Nizam Government directed that steps be taken to get the survey records prepared and implemented. Challenging the same, the objectors filed Appeal no. U2/1237/64 before the then Board of revenue- The Board of Revenue by its order dated 24-4-1965 confirming the orders of the Director of Settlements observed that mrs. Modi is entitled to get her name mutated to the extent of Ac. 3. 27 guntas in s. Nos. 116/2 and 116/3 as per the plan approved by the Surfekhas Secretariat and included in File No. 99/45 of F. 1356 which shall include the land covered by two sale deeds already executed by her in 1357 F.

( 4 ) THE said order was challenged by the objectors before the Government and the government by its order in Memo No. 1547-R1/65-27, dated 3-12-1968 upheld the earlier orders of the Director of Settlements and the Board of Revenue and rejected the application of the Objectors. Thus, according to the petitioner the dispute as to the title of Pramila Modi was concluded in respect of S. Nos. 116/2 and 116/3 to an extent of Ac. 3. 27 guntas of Khairatabad village and only thing which was left over was to implement the same in survey records. As the authorities concerned did not implement the orders referred to above, smt. Pramila Modi filed W. P. No. 4526/75 before this Court seeking a direction to the authorities concerned to implement the orders of the Board of Revenue dated 24-4-1965 and the Government dated 3-12-1968 in respect of S. Nos. 116/2 and 116/3. In W. P. M. P. No. 6897/75 filed along with the above writ petition, this Court passed an interim direction to implement the ea

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