goJa ryqSgglrr S/o. Nadipi Bhumanna Aged about 35 years v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ more particularly one in the nature of a writ of Mandamus under Article 226 of Constitution of lndia or any other apiropriate Writ or order or direction to the respondents action of omifting the petitioners name to the excluded land of Kasaram Cheruvu (Shikam Land in Sy.No.1374) to the extent of Ac.00- '199ts., situated at Nirmal Village and Mandal, Nirrnal District, wherein included in the Katha No. 133 of the petitioners fathers venrlor i.e. Sri Narayan S/o. Ramanna Satya name in Copy of Commissioner and Director, Survey Settlement and Land Records Proceeding vide Rc.No.F11651/20i5, Dated 23-03-2022 and in Copy of Collector (Survey and Land Records) Nirmal proceedings bearing No. Rc. No. A1147012010 dated 2A-02-2019, and in copy of proceedings bearing No. A1l470l2O'10 dated 06-05-20.1 5 of the Joint Collector, are u nconstitution a l, void arbitrary and violation of Articles 14, 300A of the constitution of lndia in view of respondent thahsildar proceedings bearing Procs.No.B.707712012 dated 03-April-2013. and respondent R.D.O. Nirmal, Asst. Director (Survey and Land Records), Executive Engineer (l & CADD) joint inspection Report dated 08-Jan-2015 consequenfly direct the, to take necessary steps to mutate the petitioners name to the excluded land cf Kasaram cheruvu (Shikam Land in Sy No.1374) to the extent of Ac.00-19gts., situated.at Nirmal Village and Mandal, Nirmal District including grant necessary proceedings, issue pattadhar pass book to the petitioner in the interest of justice. lA NO: 1 OF 2022 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to DIRECT the respondents to take necessary steps to mutate the petitioners name to the excluded land of Kasaram cheruvu (shikam Land in sy.No.1374) to the extent of Ac.00-'19gts., situated at Nirmal Village and Mandal, Nirmal District include in the Katha No. 133, by delete the petitioners grand-fathers vendor i.e. sri Narayan s/o, Ramanna satya name within a fortnight in the interest of justice. Counsel for the Petitioner: SRI RAJA SRIPATHI RAO, Sr. COUNSEL, REp. FOR SRI BASKULA ATHTK Counsel for the Respondent No.1 to 8: AGP FOR REVENUE Counsel for the Respondent No.9 & 10: GP FOR IRRIGATIOi{ The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.39O9l OF 2o22 ORDER: This writ petition is filed for the following relief: - "...to issue uLit more particttlarlg one in the nature oJ a uit oJ Mandamus under Article 226 of tonstitution of India or any other apPropidte wit or order or direction ti the respondents action of omitting the petitioner's name to the excluded land oJ Kasaram Ctle,uuu (shikam Ldnd in Sy'No'1374) to tlle ertent oI AC.OO 19 gls., situated. dt Nir,7.al Vlloge and MandoL Ni,.I,].al Distict, uLierein included. in the Katha No.133 oJ the petitioner's father's uendor i.e., Sri Naragan S/o. Ramanna Satga nqme in Copg of Coflmissioner & Direclir, SurueA Senlemerlt and Land Reord's Ptoeeding uide Rc.No.F1/651/2o15, Ddted: 23.03.2022 and in coPA of collecTot (Surueg and Land Record.s) Nirmal proceeding-s beaing No-RcNo.Al / 47O/ 2o1o ddted 28.o2.2o1a' and in copg of proceedi^gs beaing No.Al/47o/2O1o dated: 06o5-2o15 of the Joi\t Collector, are uncoititutional, uoid, atbitrdry qnd uiolation oJ Artiles 14, 3OO-A of tte Constitution of India in vieuL oJ respondent Tahsilddr prcceedings beding Procs.No.B.7d77/2o 12 dated 03 Apnl-2o 13 and respon.deftt R D O Nirmal, Asst. Director (Surueg & Land Record.s), Execttiue Engineer (I&CADD) joint irspection Report dated: OB Jan'2O15 consequently direct the, to tdke n"i."tcrry st;ps to mutate the petitioner's ndme to tt@ excfuded lotrd oJ Kasarai Cheruuu (shikam land n Sg.No.t374) to the e.xte t of Aaoo-19 gjs., situated at Nirmal Village and Manddl, Nimal Distrixt iftcluding grant i"a"tory proceedings, issue pattadar pass book to the.Petitioner in tle lJtterest ;J justice and pass such other order or relief as this Hon'ble court deern s rtt dnd. Proper in the interest oJ justice" . It is stated that the petitioner's father namely late Nadipi 2. Bhummanna and patemal uncle Gojja Pedda Bhummanna jointly purchased thE land to an extent of Ac.01.28 guntas (Old Survey No.871) corresponding to new Survey No.1258, situated at Kasaram Cheruvu (Shikam Land in Survey No'1374), Nirmal Village, Mandal and District, and they were issued pattadar passbooks to an extent of Ac.0.34 gts each and their nalnes were incorporated in the revenue records as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act' It is 3 CVBR, J wp_39091_2022 short "the Act"), has recommended for correction of the survey errors by mentioning the correct extent of corresponding Survey No. 1258 as Ac.01.28 gLs., uide proceedings RC.No.A I /47O /2OtO, dated 28.02.2O 18; but even after the recommendations of the Joint Collector in terms of the reports submitted by the Assistant Director, Surve,v Settlements and Land Records arld the Tahsildar, the Commissioner and Director, Survey Settlements and Land Records, who is the competent authority, instead of taking action has remanded the matter for re-examination by the Joint Collector uide proceedings RC.No.Ft / 651/2OtS, dated 23.O3.2022.

4. Learned Assistalt Government pleader for Revenue appearing for the respondent Nos.l to 8 has not disputed the report submitted by the Assistant Director, Survey Settlements and Land Records uide Lr.No.A4 /47O l2OtO, dated 2lJ.1t.2Ol2 and letter dated 20.06.2013 addressed by . the Tahsjldar seeking correction of the extent in the corresponding new Survey No. l25g as Ac.01 .28 gts. , instead of Ac.0l.0g gts.

5. Admittedly, as per the provisions of Sectior 87 of the Telangana Land Revenue Act, the Joint Collector is tjte competent authority for conducting survey or for preparation ol' sub_division records or for correction of survey errors. 4 CVBR, J w_39091_2022

6. In the instant case, the Joint Collector being the competent authority after calling for the report. from the Assistant Director, Survey Settlements and Land Records, wherein it is stated that the total rakba of Survey No.871 is Ac.O1.28 gts., whereas the extent with regard to revision survey in the corresponding new survey number was mistakenly mentioned as Ac. I .08 gts., instead of Ac.01.28 gts., which was also confirmed by the Tahsildar uide letter dated 20.06.2013, has recommended the case to the Commissioner of Survey, Settlement and Land Records for correction of survey errors uide proceedings in RC.No.Af /47Ol2OlO, dated 06.O5.2015. However, pursuant to the said proceedings, the Commissioner except remanding the matter to the Joint Collector to examine the case of the petitioner as per the Circular Instructions issued in Circular No.Sl/1093/2O11, dated f 8.05.2011, has not given any specific reason nor found any irregularity either in the report of the Assistant Director, Survey Settlements and Land Records or in the letter addressed by the Joint Collector recommending the case for correction of survey errors. 7 . On careful examination of the orders impugned in the writ petition, this Court is of the considered opinion that the sarne are bereft of reasons. Accordingly, the impugned orders are set aside 5 CVBR, J w 39091_2022 and the Commissioner of Survey, Settlement and land Records is directed to exarnine the report submitted by the Joint Collector in Proceedings Rc.No.All47O /2O1O, dated O6.05.2015 and also the report of the Assistant Director, Survey Settlements ald Land Records, Adilabad in Lr.No.A4l47O /2O1O, dated 2li.1l.2Ol2 and letter dated 27 .06.2013 of the Assistant Director, and pass a reasoned order aJter affording an opportunity to the petitioner for carrying out the survey errors in terms of the Circular Instructions issued from time to time and a-lso as per the provisions of the Telangana Land Revenue Act, 13 17 F, preferably, within six (6) months from the date of receipt of copy of this order.

8. With the above observations, this Writ Petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions, if zury, pending in this writ petition sha-ll stand closed. //TRUE COPYII sD/-T.TRUMALA DEV! ASsiiiArt?-C'QbiRa'C / SECTION OFFICER To, '1 . The Principal Secretary, Revenue Department, Secretariat, BRKR Bhavan, Tank Build, Office at Hyderabad, State of Telangana.

2. The Chief Commissioner, Land Administration Office at Nampally, Hyderabad. 3. The Commissioner and Director, Survey Settlements and Land Records, Office at Nampally, Hyderabad. 4. The District Collector, Nirmal District. 5. The Revenue Divisional Officer, Nirmal. 6. The Thahsildhar, Nirmal Mandal, Nirmal District. /

7. The Assistant Director, Survey and Land Records, Nirmal District. 8. The lnspector of Survey, Survey and Land Records Nirmal District. 9. The District lrrigation Officer, Nirmal District. 'l0.The Executive Engineer, lnigation and CADD, Nirmal. 1 1 . One CC to SRI BASKULA ATH|K, Advocate tOpUCl 12.Two ccs to GP FoR REVENUE, High court for the state of rerangana at Hyderabad [OUT]

13.Two ccs to GP FoR rRRlGATloN, High court for the state of rerangana at Hyderabad [OUT]

14.Two CD Copies BS LS a HIGH COURT DATED:2210112025 \ I t / ORDER WP.No.39091 of 2022 o + -:) I I I 1t\ ( t -te .\+ { 03 Prfl 2ii?5 * o Es raTC\r DISPOSING OF THE WRIT PETITION, WITHOUT COSTS €