Gojja Nagesh Vs The State of Telangana and 9 others — Writ and Judicial Review | Telangana HC (2025)

Gojja Nagesh Vs The State of Telangana and 9 others — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: impugned orders set aside as bereft of reasons; Commissioner of Survey, Settlement and Land Records directed to re-examine the Joint Collector's recommendation and the Assistant Director's reports, afford the petitioner an opportunity, and pass a reasoned order effecting the survey-error correction (mutation and pattadar passbook to follow thereon), preferably within six months. No order as to costs; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the petitioner is entitled to have his name mutated/restored to the excluded land of Kasaram Cheruvu (Shikam Land in Sy.No.1374), extent Ac.00-19 gts, Nirmal Village and Mandal, and to be granted a pattadar passbook, following correction of the survey/extent error in the corresponding new Survey No.1258. +2 more

Ratio / Principle

Under Section 87 of the Telangana Land Revenue Act, the Joint Collector is the competent authority for conducting survey or for preparation of sub-division records or for correction of survey errors.

Key takeaways

On careful examination, the orders impugned in the writ petition are bereft of reasons and are accordingly set aside.ratio¶45
The Commissioner of Survey, Settlement and Land Records is directed to examine the Joint Collector's report in RC.No.A1/470/2010 dated 06.05.2015, the Assistant Director's report Lr.No.A4/470/2010 dated 21.11.2012 and the letter dated 27.06.2013 of the Assistant Director, afford the petitioner an opportunity, and pass a reasoned order carrying out the survey-error correction in terms of the Circular Instructions issued from time to time and the provisions of the Telangana Land Revenue Act (1317 F), preferably within six months from receipt of a copy of this order.ratio¶48

Detailed headnote1 paragraphs

Revenue – correction of survey error – omission of purchaser's name from shikam land – Telangana Land Revenue Act, S.87 – Joint Collector competent authority. Petitioner's father late Nadipi Bhummanna and paternal uncle Gojja Pedda Bhummannajointly bought Ac.01.28 guntas (old Survey No.871; corresponding new Survey No.1258) adjoining the Kasaram Cheruvu shikam land (Sy.No.1374), Nirmal, and held pattadar passbooks of Ac.0.34 gts each; revision-survey records wrongly recorded the extent as Ac.1.08 gts. The Assistant Director (S&LR) report (Lr.No.A4/470/2010, dt.21.11.2012) and the Tahsildar's letter dt.20.06.2013 confirmed the error, and the Joint Collector – the competent authority under Section 87 – recommended correction to the Commissioner (RC.No.A1/470/2010, dt.06.05.2015); the Commissioner merely remanded the matter (Rc.No.F1/651/2015, dt.23.03.2022) citing Circular No.Sl/1093/2011 dt.18.05.2011 without reasons. Held: the impugned orders are bereft of reasons and are set aside; the Commissioner was directed to examine the recommendations, afford the petitioner an opportunity, and pass a reasoned order carrying out the correction per the Circular Instructions and the Act (1317 F), preferably within six months. Writ disposed of; no costs. (Single Judge; decided 22-01-2025.)

[^32e61

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction)

WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENW FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 3909't OF 2022

Between:

goJa ryqSgglrr S/o. Nadipi Bhumanna Aged about 35 years, Occ Agrt., Fl/o H.No. 3-3-37/4, Nayudiwada, Nirmal, Town and District.-

...PETITIONER

AND

The State of Telangana, Represented by lts Principal Secretary, Revenue Department, Secretariat, BRKR Bhavan, Tank Build, Office at Hydeiabad.

The Chief Commissioner, Land Administration ffice at Nampally, Hyderabad.

The Commissioner and Director, Survey Settlements and Land Records, Office at Nampally, Hyderabad.

The District Collector, Nirmal District.

The Revenue Divisional Officer, Nirmal.

The Thahsildhar, Nirmal Mandal, Nirmal District.

The Assistant Director, Survey and Land Records, Nirmal District.

B. The lnspector of Survey, Survey and Land Records Nirmal District.

The District lrrigation Officer, Nirmal District.

10.The Executive Engineer, lrrigation and CADD, Nirmal.

...RESPONDENTS

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

lr

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^{uLitmore particttlarlgone in the natureoJ a uitoJ Mandamus} under Article 226 of^{tonstitution of India or any otherapPropidtewit or} order or direction ti^{therespondentsactionof omittingthe petitioner'sname} to the excluded land oJ^{Kasaram Ctle,uuu (shikamLdnd in Sy'No'1374)to} tlle ertent oI AC.OO 19^{gls., situated.dtNir,7.alVlloge and MandoLNi,.I,].al} Distict, uLierein included.^{in the KathaNo.133oJthepetitioner'sfather's} uendor i.e., Sri Naragan^{S/o.Ramanna Satga nqme inCopgof} Coflmissioner &^{Direclir, SurueA SenlemerltandLand Reord's Ptoeeding} uide Rc.No.F1/651/2o15,^{Ddted: 23.03.2022andin coPA of collecTot} (Surueg and Land Record.s)^{Nirmal proceeding-sbeaing} No-RcNo.Al /^47O/ 2o1o^{ddted 28.o2.2o1a' andin copgof proceedi^gs} beaing No.Al/47o/2O1o^{dated: 06o5-2o15of the Joi\tCollector, are} uncoititutional,^{uoid,atbitrdry qnd uiolationoJ Artiles 14, 3OO-Aof tte} Constitution of India in^{vieuLoJ respondent Tahsilddr prcceedingsbeding} Procs.No.B.7d77/2o^{12 dated03 Apnl-2o13 andrespon.deftt R D O Nirmal,} Asst. Director^{(Surueg& Land Record.s),Execttiue Engineer (I&CADD)joint} irspection Report dated:^{OB Jan'2O15consequentlydirectthe, to tdke} n"i."tcrry st;ps to mutate the^{petitioner's ndmeto tt@ excfudedlotrd oJ} Kasarai Cheruuu^{(shikam land nSg.No.t374)to the e.xte t of Aaoo-19} gjs., situated at Nirmal^{Village andManddl,Nimal Distrixt iftcluding grant} i"a"tory^{proceedings, issuepattadarpass bookto the.Petitionerin tle} lJtterest ;J^justice and^{pass such other order or relief as this Hon'blecourt} deern s rtt dnd. Proper^{in the interest oJ justice" .}

It is stated that the^{petitioner'sfathernamely late Nadipi} Bhummanna and^{patemal uncle Gojja PeddaBhummannajointly} purchased thE land to an extent^{of Ac.01.28guntas(Old Survey} No.871) corresponding to^{new Survey No.1258, situated at} Kasaram Cheruvu^{(ShikamLand inSurvey No'1374), Nirmal} Village, Mandal and District,^{and they were issued pattadar} passbooks to an extent of^{Ac.0.34 gts eachand their nalnes were} incorporated in the revenue^{recordsas per the provisions of the} Telangana Rights in Land^{and Pattadar Passbooks Act' Itis}

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.

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.

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

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.

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.

The Chief Commissioner, Land Administration Office at Nampally, Hyderabad.

The Commissioner and Director, Survey Settlements and Land Records, Office at Nampally, Hyderabad.

The District Collector, Nirmal District.

The Revenue Divisional Officer,^Nirmal.

The Thahsildhar, Nirmal Mandal, Nirmal District.

/

The Assistant Director, Survey and Land Records, Nirmal District.

The lnspector of Survey, Survey and Land Records Nirmal District.

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 a LS

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HIGH COURT

DATED:2210112025

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ORDER

WP.No.39091 of 2022

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders impugned in the writ petition: proceedings of the Commissioner and Director, Survey Settlements and Land Records vide Rc.No.F1/651/2015 dated 23-03-2022 (remanding the matter to the Joint Collector), together with the Collector (Survey and Land Records), Nirmal proceedings Rc.No.A1/470/2010 dated 28-02-2019 and Joint Collector proceedings A1/470/2010 dated 06-05-2015, alleged unconstitutional, void, arbitrary and violative of Articles 14 and 300-A; the Court found them bereft of reasons and set them aside.¶45
Commissioner and Director, Survey Settlements and Land Records (with related challenged proceedings of Collector (S&LR), Nirmal and the Joint Collector) · 23-03-2022
Prior proceeding
Petitioner's father late Nadipi Bhummanna and paternal uncle Gojja Pedda Bhummannajointly purchased Ac.01.28 guntas (Old Survey No.871) corresponding to new Survey No.1258 at Kasaram Cheruvu (Shikam Land in Survey No.1374), Nirmal; pattadar passbooks issued for Ac.0.34 gts each and names incorporated in revenue records under the Telangana Rights in Land and Pattadar Passbooks Act.¶36
Prior proceeding
Assistant Director, Survey Settlements and Land Records submitted report vide Lr.No.A4/470/2010 dated 21.11.2012, which the AGP for Revenue did not dispute.¶40
Prior proceeding
Assistant Director's report established that the total rakba of Survey No.871 is Ac.01.28 gts whereas the revision-survey extent in the corresponding new survey number was mistakenly recorded as Ac.1.08 gts.¶44
Prior proceeding
Tahsildar's letter dated 20.06.2013 seeking correction of the extent in the corresponding new Survey No.1258 to Ac.01.28 gts instead of Ac.01.08 gts.¶40
Prior proceeding
Tahsildar proceedings Procs.No.B.7077/2012 dated 03-April-2013, cited in the prayer as the basis for the constitutional violation claim.¶23
Prior proceeding
Joint inspection report dated 08-Jan-2015 by the RDO Nirmal, Assistant Director (Survey and Land Records) and Executive Engineer (Irrigation & CADD).¶23
Prior proceeding
Joint Collector, after the Assistant Director's report (total rakba Survey No.871 = Ac.01.28 gts; revision survey mistakenly Ac.1.08 gts) confirmed by the Tahsildar's letter dated 20.06.2013, recommended the case to the Commissioner of Survey, Settlement and Land Records for correction of survey errors vide proceedings RC.No.A1/470/2010 dated 06.05.2015.¶44
Prior proceeding
Collector (Survey and Land Records), Nirmal proceedings Rc.No.A1/470/2010 (prayer prints date as 2A-02-2019; body text reads 28.02.2018) recommending the correct extent of corresponding Survey No.1258 as Ac.01.28 gts.¶23
Prior proceeding
Commissioner, pursuant to the Joint Collector's recommendation, merely remanded the matter back to the Joint Collector to examine the petitioner's case per Circular Instructions in Circular No.Sl/1093/2011 dated 18.05.2011 (proceedings Rc.No.F1/651/2015 dated 23.03.2022), giving no specific reason and finding no irregularity in the underlying reports.¶44