ORDER :

Heard Mr. B. Venkat Rama Rao, learned counsel for the petitioners and learned Government Pleader for Revenue, appearing for respondents.

2. The petitioners have approached the Court, seeking the following relief :

“To issue a Writ, or order, or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 1st Respondent in notifying the Petitioners private properties i.e., i) southern portion of plot No.3 admeasuring 357.3 Sq. Yds. owned and possessed by the 1st Petitioner and ii) northern portion of plot No.3 admeasuring 240 Sq.Yds owned and possessed by the 2nd Petitioner totally admeasuring 597.3 Sq. Yds in Plot No.3 bearing H.Nos.6-1-283/1/1 and 6-1-282/1/1 respectively of Padmarao Nagar, Musheerabad Mandal, Hyderabad as “G.Abadi” category of Government Land under Sec.22-A (i) (a) of the Registration Act, 1908 in the Prohibited Properties Register of Hyderabad District pursuant to Government of Andhra Pradesh Circular Memo No.G1/19131/05 Dt.14.09.2007 and issuing a letter Dt. 24.03.2013 through Lr.No.E5/3259/2012 by the Office the 2nd Respondent to the Petitioners intimating such notification of Petitioners Properties in the Prohibitory list as arbitrary, illegal, colourable exercise of power, and in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 1st to 3rd Respondents to denotify the lands admeasuring 597.3 Sq.Yds bearing H.No. 6-1-283/1/1 and 6-1-282/1/1, of Padmarao Nagar, Musheerabad Mandal, Hyderabad District from the list of Prohibited Properties Register of Hyderabad district notified under Sec.22-A of the Act and direct all the Respondents to de-notify and delete the Petitioners private properties i.e., i) southern portion of plot No.3 admeasuring 357.3 Sq. Yds owned and possessed by the 1st Petitioner and ii) northern portion of plot No.3 admeasuring 240 Sq.Yds owned and possessed by the 2nd Petitioner totally admeasuring 597.3 Sq.Yds in Plot No.3 bearing H.Nos.6-1-283/1/1 and 6-1-282/1/1 respectively of Padmarao Nagar, Musheerabad Mandal, Hyderabad from the list of notified Prohibited Properties under Sec.22-A of the said Act or such other records of T.S.L.R. and Basic Market Value Register maintained by the Respondents, in the interest of justice.”

PERUSED THE RECORD :

3. The Counter affidavit filed by the 2nd respondent, in particular, paras 4, 5 and 9 read as under:

“4. In reply to Para 2, it is submitted that the subject land bearing alleged H.No.6-1-283/1/1 and 6-1-282/1/1 has been identified on ground, falls in T.S.No.20, Block-F, Ward 148 of Zamistanpur Village, Musheerabad Mandal, Hyderabad District. As per Town Survey Land Register (TSLR) TS No. 20 to an extent of 479 Sq.Mtrs recorded as "Abadi" in Column No.10 and Col.No.20 is recorded as "GAbadi" and in Col.No.22 it is recorded as "Vacant Land". Thus said land belongs to Government and the State is the absolute owner and title holder of the said land.

5. It is submitted that during the year 1964-69 Town Survey was conducted in Hyderabad District under the provisions of A.P. Survey and Boundaries Act, 1923 duly issuing notification under section 6(1) of the said Act inviting all the concerned to participate in the survey. After completion of the town survey the same was notified in the Gazette as required U/s 13 of Andhra Pradesh Survey & Boundaries Act, 1923 vide Gazette notification No. 36 dt.12.07.1967. The entries in Town Survey Land Records cannot be altered or modified by any means exceptly the Civil Court decree that would be filed within (3) years from the date of notification as per section 14 of the Act. Thus the entries in TSLR became final as no suit was filed questioning the said entries and binding on all. It is submitted that the Government vide G.O.Ms.No.1039, dt: 13-9-1972 have issued instructions stating that the classification of "Abadi lands have to be retained as "Abadi" and in cases where there are builtup area, the name to the occupant have to be re