THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The petitioners are aggrieved by the order dated 07.09.2010 passed vide Memo No.9733/SS-1/2008-2 by the respondent No.1, Principal Secretary to Government, wherein and whereby dismissed the appeal preferred by the father of the petitioner against the order dated 28.01.2008 vide Lr.No.A3/338/2004, passed by the Director, Survey and Land Records, in the present writ petition.

2. Facts of the case, in a nutshell, are that the petitioners claims to be the absolute owners and possessors of land in Sy.No.151 of Ibrahimbagh village, Golconda Mandal, Hyderabad District, having acquired the same by way of succession from their ancestors. During the life time of their father, they were eking out their livelihood by doing agriculture in the said land. In the year 2003, their neighbourers surveyed their lands and fixed its boundaries. As such, petitioners’ father made an application to the Mandal Revenue Officer to demarcate their extent of land and fix the boundaries. The Mandal Surveyor, Golconda Mandal, conducted survey in Sy.No.151 of Ibrahimbagh village and orally informed that an extent of Acs.2.02 gts., and odd land is available in Sy.No.151, but as per Pahani and Wasoolbakhi, it is recorded as Ac.1.19 guntas on the said survey number. Thereafter, the Mandal Revenue Officer had issued Memo dated 21.05.2004 in File No.D.1945/2003 admitting the fact that the total extent of land in Sy.No.151 physically did not tally with the area recorded in the Tippon available in their office and directed the applicant to approach the competent authority for demarcation of actual area. Consequently, the father of the petitioners made an application on 25.05.2004 and 29.05.2004 before the respondents No.2 and 3, District Revenue Officer and Deputy Director, respectively, with a request to rectify the actual extent of Acs.2.10 guntas in Sy.No.151 which is in their physical possession in all revenue records by deleting the extent of Ac.1.19 guntas. Upon which, the respondents No.2 and 3 conducted survey and fixed the boundaries of Sy.No.151 and conducted panchanama on 28.08.2004 measured the land in their physical possession to an extent of Acs.2.02 guntas in Sy.No.151 as per Tippon.

3. While so, after conducting survey, the respondents No.2 and 3 instead of issuing orders for rectifying the clerical error, kept the matter pending for four years and the respondent No.3 issued the Memo dated 28.01.2008 contending that the error cannot be treated as clerical and it is not a fit case to be entertained under Section 87 of The A.P. (Telangana Area) Land Revenue Act, 1317F since it is filed after a lapse of Fifty years. It is further submitted that the respondent No.3 himself requested the respondent No.2 under Lr.No.A3/338/2004 dated 23.09.2005 as the error is a calculation error which can be classified as clerical. Assailing the same, father of the petitioner preferred an Appeal on 18.02.2008 before the respondent No.1 and as the same could not be taken up for hearing, had filed W.P. No.28318 of 2008. This Court by an order dated 29.12.2008 disposed of the writ petition with a direction to the respondent No.1 to consider and decide the appeal bearing No.9733/SS-1/2008-1, within a period of two months from the date of receipt of a copy of the order. Based on the said order, the respondent No.1 considered and dismissed the appeal vide order dated 07.09.2010 on the ground of delay under Section 87 of the A.P. (T.A.) Land Records Act, 1317F and thus the orders passed by the Deputy Director, Survey and Land Records, in Memo No.A3/338/04 dated 28.01.2008 were confirmed. Aggrieved by the impugned order dated 07.09.2010, petitioners, being the legal heirs of the Applicant/

petitioner, filed the present writ petition.

4. While denying the writ averments, respondent No.1 filed counter affidavit and substantiated the contents of the impugned order dated 07.09.2010 passed by the respondent No.1 and submitted that the r