THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.12880 of 1997 Date: 21-09-2007 Between: Raj Gopal Jaju and others … Petitioners And The Government of Andhra Pradesh Secretary, Revenue Department, Secretariat, Hyderabad, A.P., and others. … Respondents ORDER: This writ petition has been filed seeking a Writ of Mandamus to direct the respondents to induct the petitioners into the possession of the rest of the land, i.e. Acs.18.08 guntas in Survey No.338/A, Nadapalli Village, now under Dichpally Mandal, Nizamabad District. The case of the petitioners is that the then Tahasildar of Nizamabad, put the property bearing Survey No.338/A of Nadapalli Village, admeasuring Acs.21.32 guntas to public auction on 24-09- 1966 for recovery of Taccavi arrears due from Sri M. Raman, son of Balaraju, R/o. Nadpalli Village of the then Nizamabad Taluk, Nizamabad District. In the said public auction, Sri Laxminivas Jaju and Sitaram were declared as auction purchasers and as such, they deposited the entire purchase money of Rs.1,983-75 ps., as was required. Subsequently, the 3rd respondent, Revenue Divisional Officer, issued a Certificate of Sale on 18-02-1980, under Section 38 of Act II of 1864 of R.R. Act, vide Proceedings No.R.C.No.A4/A9/78/74, in favour of said auction purchasers in respect of Survey No.338/A admeasuring Acs.21-32 guntas. Thus by virtue of said certificate, the auction purchasers were declared as absolute owners of the said property. In pursuance of the said Certificate, the auction purchasers were inducted into possession of the property to an extent of Acs.3-24 guntas only, instead of Acs.21-32 guntas. Thereafter the property to an extent of Acs.3-24 guntas was also acquired by the Government, paying compensation, for the purpose of construction of residential quarters for Police personnel. The case of the petitioners is that in spite of several efforts to get possession of the rest of the land, due indifferent attitude on the part of the respondents, the matter was left pending from time to time without any reason either in one way or the other. It is also pertinent to note that the respondents neither denied the claim of the auction purchasers nor complied with the same. It is further submitted that the auction purchasers made several representations to the 2nd respondent herein for demarcation of Survey Nod.338 of Nadapalli Village right from 1975 onwards but the same were declined by them on the ground that the auction purchasers are not the pattadars of the said survey number and the same was also communicated by the Land Records Assistant, Nizamabad. Thus the matter remained unsolved and the original auction purchasers expired. Further, the successors of the auction were not aware of these proceedings. However, having come to know about the pendency of the matter, they approached the 2nd and 3rd respondents but the same was of no consequence. Inasmuch as, according to the revenue records, though the pahanies show that the extent of said survey number as Acs.21-32 guntas, but in fact, at places it is shown as Acs.3-24 guntas, which was already acquired by the Government under the proceedings of Land Acquisition Act for construction of quarters to Police personnel. It is further submitted that the Tonch plan of the survey number does not disclose the said area, according to the office records of the respondent Nos.2 and 3, consequent to which they expressed their inability to induct the petitioners into possession of the rest of the land, which is highly unbecoming on the part of the respondents, that too when the Revenue records show an extent of Acs.21-34 guntas. The plan, according to them, does not correlate to the said extent. Having aggrieved by the indifferent attitude and inaction of the respondents, the petitioners have come up with the present writ petition with the above prayer. Counter affidavit has been filed by the 3rd respondent, Revenue Divisional Officer, stating that the then Tahsildar, Nizamabad sold the property of Survey No.338 of Nadpally village to an extent of Acs.21-32 guntas on 24-09-1966 by way of public auction to recover the Taccavi arrears of Sri M. Ramana to Sri Laxmi Nivas Jaju and Sitaram being highest bidder for an amount of Rs.1,983.75 ps., and the sale certificate was also issued to that effect from the office of the Revenue Divisional Officer, Nizamabad vide reference No.A4/4978/74, dated 18-02-1980 but there is no such survey number as Survey No.338/A, in revenue record. With a view to have a clear picture of the extent of the land sold, local enquiry and inspection was made by the Deputy Inspector of Survey by the office of the Revenue Divisional Officer, Nizamabad. It revealed that an extent of Acs.3-28 guntas in Survey No.338 was already handed over to the said auction purchasers and the said extent was taken by the Commandant, VII Battalion, Dichpally for construction of their office building and the Land Acquisition proceedings were also issued to that effect vide reference No.A5/304/77 dated 06-12-1984. It is further submitted that the above survey number was included in the Ceiling Case No.405/NZB/75, before the Land Reforms Tribunal, Nizamabad and the litigation went on up to 1977. After the acquisition of land for the VII Battalian, Dichaplly efforts were made to trace out the area and the Assistant Director (S&LRs), Nizamabad was requested to demarcate the land with the help of old records available in their office. The Assistant Director (S&LRs) Nizamabad, in his reference No.A2/78/2002, dated 30-01-2002 has reported as follows: “The connected records are torned and brittle condition and it is found that a Revision Book was prepared for the year 1329 Fasli relating to (Mazi) Old Survey No.81 and 82 corresponding to new Survey No.337 and 339 in which its old areas shown as Acs.11-34 guntas and Acs.6-13 guntas respectively. But the both areas ringed up with red ink and corrected as Acs.20-32 guntas and Acs.9-00 respectively. Where as the area of Mazi (Old) Survey No.83 corresponding to new Survey No.338 neither ringed up nor corrected with red ink, the area was recorded as Acs.21-32 guntas in black ink which is in-correct.” As per copy of Tippan of Mazi (Old) survey No.83 corresponding to new Survey No.338 area calculation comes to an extent of Acs.3-28 guntas only. On observation of revision book, shape also tallied and no tippan was prepared during the Revision Survey in 1329 Fasli. After verification of the above report and revision book and copy of tippan reveals that the total extent of Survey No.338 is Acs.3-28 guntas only but not Acs.21-32 guntas which is recorded in the Revenue records i.e., Pahanies of Nadpally village of Dichpally Mandal. It is submitted that at the time of conducting of auction of Survey No.338 in the year 1966, no proper demarcation and survey was conducted for Survey No.338 due to which this problem has arisen. As clearly mentioned by the Assistant Director (S&LRs) Nizamabad, the total extent of Survey No.338 is Acs.3-28 guntas. As recommended by the Assistant Director (S&LRs) Nizamabad vide his reference No.A2/78/2002 dated 30-01-2002 proceedings for rectification of area of Survey No.338 extent as Acs.3-28 guntas instead of Acs.21-32 guntas will be issued in due course. Further it is also submitted that necessary steps will be taken to refund the excess amount paid by the auction purchasers towards the deficit area of Acs.18-04 guntas after obtaining the permission from the Government. Admittedly Sri Laxmi Nivas Jaju and Sitaram were the auction purchasers, for which, the sale certificate was issued on 18-02-1980 to an extent of Acs.21-32 guntas in Survey No.338. But they were inducted into possession of only Acs.3-28 guntas in Survey No.338. The case of the respondents is that, after due verification of entire records and survey of land, the total extent of land in Survey No.338 is only Acs.3-28 gutnas but not Acs.231-32 guntas. Further it is also the case of the respondents that the land surrendered to the auction purchasers was also acquired by the Government and paid compensation and submitted that they will take necessary action to pay amount towards deficit land in due course after obtaining necessary permission from the Government. Having regard to the facts and circumstances of the case and as it is a case of the year 1997 and the counter affidavit was filed in the year 2002 stating that necessary steps will be taken in the matter, it is not known whether the respondents have taken any steps or not. In view of the same, without going into the merits of the case, I feel it is appropriate to direct the respondents to take necessary action and pass appropriate orders on the issue, in accordance with law, since the petitioners are already being put to loss by not adjudicating the matter in spite of several representations made by them, within a period of two months from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 21-09-2007 LSK