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 1

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