WP/27279/2005 of T. Sayanna S/o Late Chinnaiah Vs The Commissioner, Survey Settlements AND Land on 30 December 2005

ORDER:

WRIT PETITION No.27279 of 2005

The petitioner claims to be the owner of land admeasuring Acs.15.35 gts., in surveyNo.2189 (old survey No.1878/2) situated at Nizamabad and is allegedly inpossession of the property. He alleges that though it is agricultural land, in therevenue records it is being shown as shikam (tank bed land). He, therefore,approached the District Revenue Officer requesting to direct the Assistant Director,Survey & Land Records, Nizamabad, third respondent herein, to conduct enquiryand correct the entries in the revenue records, in vain. Therefore, the present writpetition is filed.

Learned Counsel for the petitioner submits that the land in possession of thepetitioner is ancestral land purchased by his grandfather Chinnaiah and that thesame has been continuously in possession of the petitioner. He also submits thatthe land was however classified in the revenue records as shikam and in spite ofnumber of representations, the third respondent did not take action for correcting the entries. Per contra, learned Assistant Government Pleader for Revenue (General),after getting instructions from the respondents, submits that the land is shikam andthe entries made in the revenue records correctly reflect the ground position. He,however, does not dispute that the representation made by the petitioner has notbeen disposed of. He only submits that the petitioner did not make anyrepresentation to the Mandal Revenue Officer, the fifth respondent herein, and ifproper representation is made, appropriate action would taken.

There is a dispute between the petitioner on one hand and the government on theother as to the nature of the land in survey No.2189 (old survey No.1878/2) ofNizamabad. Unless and until proper survey is conducted with reference to therecords and ground position, no definite finding can be recorded. Therefore, it wouldbe proper to give liberty to the petitioner to make appropriate representation to thefifth respondent herein seeking survey of the land. As and when such application ismade, the fifth respondent shall conduct survey and if necessary inspect the landpersonally and take appropriate action in the matter. This exercise may becompleted within a period of six weeks from the date of receipt of application fromthe petitioner.

The writ petition, with the above observations and directions, is accordinglydisposed of. No costs.

December 30, 2005.

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(V.V.S.RAO, J)

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