THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION Nos.31267 of 2017

ORDER:

This writ petition is filed questioning the Memo No.A1/4192/2013 dated 07.05.2015 issued by the respondent No.5 and the inaction on the part of the respondents in updating the survey and revenue records with regard to Mazi No.13/4 of Kongara Khurd (B) Village as illegal and arbitrary and to direct the respondents to incorporate on the basis of survey conducted in the year, 1954, necessary changes in all survey and revenue records to replace said Mazi No.13/4 with new Sy.No.449 admeasuring to an extent of Ac.13-10 gts i.e, Ac.10.39 gts in favour of the petitioner No.1, Sy.No.449 admeasuring to an extent of Ac.2-11 gts and Sy.No.450 admeasuring to an extent of Ac.11.39 gts in the name of purchasers of the petitioner No.2 situated at Kongara Khurd (B) Village, Maheshwaram Mandal, Ranga Reddy District without any further delay.

2. Heard Sri V. Hanumanth Rao, learned counsel for the petitioners and Smt S. Sravanthi, learned Assistant Government Pleader for Revenue for the respondents and perused the material on record.

3. Learned Counsel for the petitioners submits that the father of the petitioner No.1 late Venkateshwar Rao was the owner and possessor of agriculture lands admeasuring to an extent of Ac.13.10 gts in Sy.No.449 and Ac.11.39 gts in Sy.No.450 situated at Kongara Khurd (B) village of erstwhile Ibrahimpatnam Taluq and after formation of Mandals, the village has been allocated to Maheshwaram Revenue Mandal in Ranga Reddy District. He submits that as the said village was un-surveyed, the respondents have roughly noted the lands held by each individual land holder in the village and in that process, the lands held by said Late Venkateshwar Rao were noted as No.13/4 known as ‘Mazi Number’ in all survey records by measuring roughly the extent as 19.00 bigas=Ac.14.10 gts. He submits that in the year, 1954, regular survey was conducted in the entire village, measured all the lands scientifically and assigned regular survey numbers. After survey, the total extent of land in the said Mazi No.13/4 was found to be Ac.25.09 gts and the same was bifurcated into two portions as Ac.13-10 gts and Ac.11.39 gts giving initially two chalta numbers as 47/1 and 47/2 respectively and then assigned two regular survey numbers as Sy.No.449 for the portion of land admeasuring to an extent of Ac.13-10 gts and Sy.No.450 for the portion of land admeasuring to an extent of Ac.11.39 gts respectively and all relevant records such as Wasool Baki, Tekha Bandhi, Prathi Book, Mozni plot, Pucca Book, Tippan and Correlation statements which are available with the respondents would establish the said fact. He submits that despite the survey conducted in the year, 1954 and Gazette was issued in the year, 1958 giving sanctity to said survey, the revenue authorities have neither incorporated the new Sy.Nos.449 and 450 nor their respective extents Ac.13.10 gts and Ac.11.39 gts in the revenue records and continued the old No.13/4 erroneously in the revenue records.

4. Learned Counsel for the petitioners further submits that the petitioner No.2 has purchased the land admeasuring to an extent of Ac.14.10 gts from late Venkateshwar Rao and mentioned the very outdated Mazi No.13/4 in the sale deed No.394/1985 dated 28.03.1985. The petitioners have filed a petition on 19.09.2013 before the Commissioner, Survey and Settlement, under Section 87 of AP (Telangana Area)

Land Revenue Act, 1317 Fasli (for Short ‘the Act, 1317 Fasli) for incorporation of correct extents with correct survey numbers in the revenue records and the same was rejected by the respondent No.5 vide impugned Memo No.A1/4192/2013 dated 07.05.2015 on technical reasons. He submits that though the respondent authorities have mentioned in the Memo that the survey records of the year, 1954 were not implemented, but no reason was mentioned about non implementation of survey records and the same is unsustainable. He submits that once the sur