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3. Petitioners contend that an extent of 988.49 sq.mtrs., 983.70 sq.mtrs., and 1025.98 sq.mtrs in survey No.563/1 of Bagh Amberpet, Hyderabad was acquired by them under a Gift Deed dt.21.01.2000 executed by their mother Smt Yousufunnisa Begum. She died on 26.2.2003.

4. According to the petitioners, Syed Aziz acquired Acs.299.11 guntas at Bagh Amberpet, Hyderabad under registered sale deed No.49/1946 from late Pingili Venkata Rami Reddy and others. Syed Aziz died in 1960 leaving behind his wife Smt. Fatima Begum and five sons by name Syed Azam, Syed Afzal, Syed Omer, Syed Ali and Syed Amza and three daughters by name Mahamadunnisa Begum, Hafeezunnisa Begum and Yousufunnisa Begum (mother of the petitioners).

13. They therefore prayed for a declaration to declare the action of respondents in seeking to interfere with their peaceful possession and enjoyment of the above extent of land in survey No.563/1 of Bagh Amberpet, Hyderabad as illegal, arbitrary and without jurisdiction and for such other order or orders as this Court deems fit and proper. STAND OF RESPONDENTS IN THE COUNTER AFFIDAVITS

14. The 1st respondent filed a counter affidavit stating that the lands claimed by petitioners fall in T.S.No.70/2, 71/1, Block-A, Ward No.163 of Amberpet Village of Amberpet Mandal and the said T.S. number is recorded as Syed Azam in column No.10 and column No.20 in the TSLR. However, it is stated that as per Kandem Land Register of column No.23 which is meant for describing the field status, it is mentioned as Bathukammacheruvu (water body). It is asserted that the subject land therefore forms part of the old water body by the above name located in survey No.563/1 of Amberpet Mandal, irrespective of its classification in the records. While admitting that the land in survey No.563/1 is shown in revenue records as belonging to private persons, it is asserted that there is material to prove that there has been a water body in it since time immemorial.

46. According to the extract of Town Survey Land Register filed by petitioners along with their reply affidavit dt.14.10.2012, the land in Sy.No.563/1 co-relates to T.S.No.71/1, Ward No.163, Block-A of Amberpet and is shown as the property of Pingali Venkatarami Reddy and others. According to it, land in 564/1, 578/7 and 563/2 co-relate to T.S.No.71/2 and is described as Batukamma Cheruvu. This document is not disputed by respondents.

47. The respondent Nos.1, 3 and 4 however contend that the land in Sy.No.563/1 co-relates to T.S.No.71/1 and 70/2, Block-A, Ward No.163 of Amberpet Village.

57. The petitioners have filed proceedings issued by Office of Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad in L.R.No.A4/RTA/3982/2010 dt.15.11.2010 stating as under :

Sri Syed Azam and (9) others filed statement in Form-I U/s.6(1) of the Act declaring Sy.No.4, 8, 3, 5, 6, 286, 287, 288, 461/1, 78/1, 78 30, 368/1, 368/3, 29/1, 22/2, 21/2, 19, 522, 495, 496, 487, 520, 22/3, 439, 528/2, 483 (old Nos.) corresponding to New Sy.No.563/1, 564, 565, 566, 567/1, 568, 569, 570/1, 611, 613 and 615 situated at Bagh Amberpet, Amberpet Village and Mandal, Hyderabad District. The land in Sy.No.563/1 at Amberpet Vg was not taken possession under U.L. (C &R) Act, because of status quo granted by the Honble High Court in W.P.M.P.No.4601/2004 in W.P.No.3499/2004 was in force until repeal of the UL (C&R) Act. (emphasis supplied)