These two writ petitions are filed by the sons of late Raza Ali through their General Power of Attorney (GPA). In the first writ petition, they assail the order of the Commissioner, Survey, Settlement and Land Records, Hyderabad, the first respondent (hereafter called, the Commissioner), dated 13-06-2005 as well as order of the Deputy Director, Survey and Land Records (hereafter called, Deputy Director) as illegal, arbitrary and without jurisdiction. The Commissioner by his order directed the Deputy Director to keep the demarcation of Jubilee Hills Municipality (JHM) plot No.8A in abeyance and further ordered to consider the application of third respondent for demarcation of JHM plot No.8. The Commissioner also indicated that the Deputy Director should first reject the request of third respondent and then do the demarcation of plot No.8A or take up demarcation of both the plots simultaneously. The Deputy Director also informed that demarcation of plot No.8A is kept in abeyance till further orders as demarcation of plot No.8 is pending with the Mandai Revenue Officer, Shaikpet (MRO). The second writ petition is filed alleging that while the first writ petition is pending, the MRO came to the property of petitioners and demolished major portion of the compound wall and therefore, they seek a writ of Mandamus declaring such action of the MRO as illegal and arbitrary with consequential direction not to interfere with the peaceful possession. Parties are referred to as they are arrayed in W.P.No.15757 of 2005.

2. The brief fact of the matter is as follows JHM in Shaikpet was established in 1942 and was in existence still in 1948. The then Ruler of Hyderabad State, the Nizam, prepared a layout consisting of 161 plots in survey No. 403 admeasuring Ac.2,967.00 guntas. During that regime, plots were sold to different persons but their names were not registered in the revenue records. The land continued to be Government land. The Government of Andhra Pradesh, by Memo No.3933/Q2/64/ 17 Revenue Department, dated 06-12-1967 recognised title of the forty-one (41) allottees, who had paid the amount to JHM. The Government also ratified the action of the District Collector, Hyderabad, in rejecting the claim of others on the ground that the consideration was not paid to Sarf-e-Khas Treasury and further directed to demarcate and implement all the 41 recognised plots by issuing supplementary sethwar.

3. During 1964-1970, Town Survey was conducted as per A.P. Survey and Boundaries Act, 1923 (the Survey Act, for brevity). Notification under Section 13 of the said Act was published in Gazette NoA1, dated 06-08-1977. However, the 41 recognised plots of JHM were not implemented in town survey records. They were surveyed as part of Government land. Thereafter, whenever a person among 41 allottees approached the second respondent, demarcation work was taken up followed by issue of supplementary sethwar. In such a manner, 34 plots were implemented in town survey records. The petitioners/purchasers were allotted plot No.8A of JHM in survey No 403 of Shaikpet village (Road No.2, Banjara Hills). They approached the District Collector for No Objection Certificate (NOC), which was denied. They appealed to Chief Commissioner of Land Administration, who by order, dated 31-10-2002, remanded the matter to the District Collector. The latter subsequently on 30-03-2005 issued clearance to the extent of 2,045 square metres in plot No.8A for the purpose of considering sanction of building plan by Municipal Corporation of Hyderabad (MCH). On an application made by the petitioners, MCH granted permission on 29-06-2005 for construction of compound wall.

4. At that stage, the petitioners made an application for demarcation of plot No.8A of JHM. It appears third respondent also made similar application for demarcation of plot No.8 alleging it to be part of JHM plots. The Inspector of Survey, a subordinate of second respondent, issued notices to petitioners and third resp