HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Mr. Naresh Reddy Chinnolla, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.

2. This writ petition is filed challenging the order dated

22.01.2025 in Case No.F3/2414/2023 passed by respondent No.2.

3. CASE OF THE PETITIONERS i) The petitioners herein are the absolute owners and possessors of the land admeasuring Acs.2.36 guntas in Survey No.21, situated at Ganeshpur Village, Nyalkal Mandal, Sangareddy District having purchased the same under a registered sale deed bearing document No.1 of 1986, dated 02.01.1986 from Mr. Mir Hameed Ali Khan. They are in possession of the said property.

ii) Originally, the land admeasuring Acs.10.20 guntas in Survey No.21 belongs to one Mr. Azhar Ali Khan @ Mazhar Ali Khan. After his death, the said land fell to the share of the petitioners’ vendor pursuant to the partition decree in O.S. No.72 of 1975 passed by learned Munsiff Court, Zaheerabad. The name of the petitioners’ vendor was also recorded in revenue records.

iii) After purchase of the land by the petitioners herein under the aforesaid registered sale deed, they were under the impression that mutation is not required and, therefore, they did not proceed with mutation and went to UAE.

iv) Recently, the petitioners came to know that the subject land is shown as ‘Kariz Khata’ in revenue records and the aforesaid survey number is also missing in online Portal. Immediately, the petitioners made online application Nos.2300089530 and 2300065372, dated 29.05.2023 and 10.04.2023, respectively seeking rectification of entries. Despite receiving and acknowledging the said applications, respondent No.2 did not act upon the same. Aggrieved by the said inaction, the petitioners filed a writ petition vide W.P. No.22104 of 2023. Vide order dated 16.08.2023, this Court directed respondent Nos.2 to 4 to consider and dispose of the said applications in accordance with law.

v) In compliance with the said order, vide impugned order dated

22.01.2025, respondent No.2 rejected the aforesaid applications of the petitioners on the ground that after coming into force the enactment of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘Act, 1973’), the subject land was declared as ‘ceiling surplus’. In view of the same, out of Acs.10.20 guntas, an extent of Acs.7.20 guntas was assigned to third parties, while the balance extent of Acs.3.00 guntas was recorded as ‘Khariz Khata’.

vi) Challenging the said order, the petitioners field the present writ petition contending that as per the orders in C.C.Nos.1396, 1397 and 1398 of 1975, the subject land was never declared as ‘ceiling surplus’. Contrary to the same, respondent No.4 submitted a report to respondent No.2 stating that the subject land is ‘ceiling surplus’.

vii) In support of the same, learned counsel for the petitioners relied upon the decision rendered by the combined High Court of Andhra Pradesh at Hyderabad in Ande Gangaiah v. M. Krishna Reddy, 1. (2010) 1 ALD 3

4. CONTENTIONS OF THE RESPONDENTS Whereas, respondent Nos.2, 3 and 4 filed counter denying the claim of the petitioners contending as follows:

i) As per Khasra, Sessala pahanies and subsequent revenue records available in the office, the extent of the land in Survey No.21 is Acs.10.20 guntas and the same is recorded as Patta. After coming into force of the Act, 1973, the said land was declared as ‘ceiling surplus’.

As per Faisal Patti for the year 1984-85, there is shara stating that Survey No.21 to an extent of Acs.10.20 guntas was relinquished under Ceiling, as such, Bandobasth Kami was recommended and accepted by Nazim-e-Jamabandi in File No.B1/773/1983 of the Tahsildar, Zaheerabad.

ii) Out of the said total extent, an extent of Acs.3.30 guntas was assigned to one Mr. Lateef and an extent of Acs.3.30 guntas to one Mr. Moulana and LavuniIzafa. The balance extent of Acs.3.00 gutnas was recorded as Khariz-Khata and