IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TWENTY FIFTH DAY OF SEPTEMEBR TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL Nos: 1311 and 1781 of 2005 & WRTI APPEAL No.257 of 2009 WRIT APPEAL No:1311 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/04/2005 in WP No:13927 OF 2003 on the file of the High Court.) BETWEEN: 1 Smt. Azamunnisa Begum, (died) per LRs W/o. Late Fazilath Hussain Khan, R/o. Flat No. 501, Janadar Apartments, Mehidipatnam, Hyderabad. 2 Aktar Ali S/o. Mahabub Ali, King Koti, Hyderabad 3 V. Venkatamma W/o. Bheemaiah, H.No.1-6-136/1, Subhash Nagar, Mahabubnagar 4 Challa Tirupathi Reddy S/o. Kumara Reddy, R/o. Pegadapalli, Hasanparthy Mandal, Warangal Dist. 5 Lakshmi Kantha Reddy S/o. Basi Reddy Peddagudem Vg., Waranaparthy Mandal, Mahabubnagar District 6 V. Venkatram Reddy S/o. Chinna Ayyanna H.No.1-5-41/A, New Town, Mahabubnagar, Mahabubnagar District 7 V. Jnaneshwar S/o. Bheemaiah H.No.1-6-136/1, Subhashnagar, Mahabubnagar District Appellants 2to7 brought on record as LR of deceased appellant as per C.O. dt. 19-7-2007 in WAMP 1127/2007 ... APPELLANTS AND 1 A.P. Housing Board, Rep. by its Vice Chairman & Managing Director, & Housing Commissioner, Gruhakalpa, Hyderabad. 2 The State of Andhra Pradesh, Rep. by its Principal Secretary, revenue Department, Secretariat, Hyderabad. 3 The Commissioner (Appeals), O/o. The Chief Commissioner of Land Administration, A.P. Nampally, Hyderabad. 4 District Revenue Officer, Ranga Reddy District, District Collectorate, Lakdikapool, Hyderabad. 5 Mandal Revenue Officer, Balanagar Mandal, KPHB Colony, Ranga Reddy District. 6 The Assistant Director of Survey & Land Records, Ranga Reddy District Collectorate, Ranga Reddy District, Lakdikapool, Hyderabad. 7 Mirza Nusrat Ali Baig, S/o. Mirza Riyasab Ali Baig, R/o. 10-5-32, Ahmed Nagar, First Lancer, Hyderabad. 8 Fatima Bee @ Tahera, W/o. Late M.A. Fasiuddin, R/o. 10-5-32, Ahmed Nagar, First Lancer, Hyderabad. 9 Sree Venkateswara Builders, Having its Regd. Office at 6-21/1/3, Kukatpally X Road, Moosapet, Hyderabad, Rep. by its Managing Director M.V. Krishna Reddy, S/o. Late Sri M. Chenchi Reddy, aged about 59 Years, R/o. Vivekanandanagar Colony, Kukatpally, Ranga Reddy District, Hyerabad. 10 Ch. Kondala Rao, S/o. Late Sri Ch. Rama Rao, R/o. Plot No. 3-13, KUkatpally, Ranga Reddy District, Hyderabad. 11 Muneerunnisa Begum, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 12 Sarfarjunnisa Begum, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 13 Syed Ali Shereyar, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 14 Noorunnisa Begum, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 15 Afsar Riza Qazila Bash, D/o. Late Fakar Jahan Begum, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. ...RESPONDENTS Counsel for the Appellants: MR.G.S.PRAKASH RAO Counsel for the Respondents: MR.J.PRABHAKAR WRIT APPEAL No: 1781 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/04/2005 in WP No: 13927 OF 2003 on the file of the High Court.) BETWEEN: 1 Mirza Nusrat Ali Baig (died) per LRs S/o. Mirza Riyyasab Ali Biag R/o. 24-630, Sundernagar Kachiguda Hyderabad. 2 Smt. Fathima Bee Alias Tahera W/o. Late M.A. Fasiuddin R/o. 3-1-189, Essamina Bazar Hyderabad. 3. Sultana Begum-Wife, 4. Mirza Riyasat Ali Baig - Son. 5. Farhana Sultana - daughter. 6. Fazilath Sultana – daughter. 7. Mirza Rahamath Ali Baig- Son Appellants 3 to 7 are brought on record as LRs of deceased appellant No.1 as per Court order dated 22.12.2006 in WAMP.No.1520 of 2006. ... APPELLANTS AND 1 A.P. Housing Board Rep. by its V.C & Housing Commissioner, Gruhakalpa, M.J. Road, Hyderabad. 2 The Goverment of Andhra Pradesh Rep. by its Principal Secretary, Reveue Department, Secretariat, Hyderabad. 3 The Commissioner (Appeals) O/o. The Chief Commissioner of Land Acquisition, A.P Nampally Station Road, Hyderabad. 4 The District Revenue Officer Ranga Reddy District, District Collectorate, Lakdi-ka-pool, Hyderabad. 5 The Mandal Revenue Officer, Balanagar Mandal, K.P.H.B. Colony Ranga Reddy District. 6 The Asst. Dir. Survey & Land Records, R.R. Dist, Dist. Collectorate , Ranga Reddy Dist, Lakdi-Ka-Pul, Hyderaad. 7 Smt. Azamunnisa Begum W/o. Late Mir Fazilath Hussain Khan C/o. K. Parthasarathy, Advocate, Plot No.11 Lepakshi Colony, West Maredpally, Sec’bad. 8 Sree Venkateswara Builders, Having its Regd. Office at 6-21/1/3, Kukatpally X Road, Moosapet, Hyderabad, Rep. by its Managing Director M.V. Krishna Reddy, S/o. Late Sri M. Chenchi Reddy, aged about 59 Years, R/o. Vivekanandanagar Colony, Kukatpally, Ranga Reddy District, Hyerabad. 9 Ch. Kondala Rao, S/o. Late Sri Ch. Rama Rao, R/o. Plot No. 3-13, KUkatpally, Ranga Reddy District, Hyderabad. 10 Muneerunnisa Begum, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 11 Sarfarjunnisa Begum, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 12 Syed Ali Shereyar, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 13 Noorunnisa Begum, D/o. Late Newab Mustaba Hussain, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 14 Afsar Riza Qazila Bash, D/o. Late Fakar Jahan Begum, Rep. by their Power of Attorney Holoder Mir Hasan Ali, S/o. Late Mir Hussain Ali, aged about 59 Years, R/o. 8-2-282/A/4, Rd. NO. 3, Banjara Hills, Hyderabad. 15. G. Manikya Reddy S/o G. Malla Reddy, aged about 46 yars, occ: Business R/o 1-7-197/1, Kamala Naar, Kushaiguda, Kapra Municipality, Keesara Mandal, Ranga Reddy Dist. 16. K. Kalyanachakravarthi S/o K. JaiyachanraNaidu, Hindu, aged about 47 years, occu: Business, R/o Gowardhanagiri village, Pichatoor Mandal, Chittoor District. Respondents 15 & 16 are impleaded as per Court Order dated 30.09.2008 in WAMP.No.2476 of 2008. ...RESPONDENTS Counsel for the Appellants: MR.C.B.RAM MOHAN REDDY Counsel for the Respondents: GP FOR REVENUE WRIT APPEAL No: 257 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/07/2006 in WP No: 8388 OF 2004 on the file of the High Court.) BETWEEN: Rahatnagar Cooperative House Building Society Ltd. (TBC56) having its office at 5-18-112, 3rd floor, Century Complex, Nampally, Hyderabad. rep by its Secretary Mr. S.M.Baig, S/o. K.M. Baig 55 years Occ : Business ... APPELLANT AND 1 The Chief Commissioner Land Administration, Nampally, Hyderabad. 2 The District Collector, Ranga Reddy District, Khairathabad, Hyderabad. 3 The District Revenue Officer, Ranga Reddy District. 4 The Mandal Revenue Officer, Balanagar Mandal, Hyderabad. 5 The Assistant Director of Survey & Land Records, Ranga Reddy District. 6 The A.P. Housing Board rep by its Vice Chairman and Housing Commissioner, Gruhakalpa, M.J. Road, Hyderabad. 7 Mrs. Azamunnisa Begum, (Died issueless) ....RESPONDENTS Counsel for the Appellant: MR.MAHMOOD ALI Counsel for the Respondents: GP FOR REVENUE W.A.M.P No.1156 of 2009 in W.A. No.1311 of 2005 Between 1. Abdul Mazeed s/o Abdul Kareem, aged 57 years, Occ: Labour, R/o H.No.19-4-288/B/7, Khajapadhi,Hyderabad. 2. A.Narayan Reddy, S/o Ram Reddy, aged 50 years, Occ: Business, R/o. H.No.3-5-1114/53/5, Kachiguda, Hyderabad. ...Petitioners/ Proposed respondent Nos.16 & 17 And 1.Smt Azamunnisa Begum (died) and 1.A.P.Housing Board rep., by its Vice Chairman & Managing Director And Housing Commissioner,Gruhakalpa, Hyderabad. 2.The State of A.P. rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 3.The Commissioner (Appeals) O/o The Chief Commissioner of Land Administration, AP Nampally, Hyderabad. 4. District Revenue Officer, RR Dist, District Collectorate, Lakdikapool, Hyderabad. 5. Mandal Revenue Officer, Balanagar Mandal, KPHB Colony, R.R.District. 6. The Assistant Director of Survey & Land Records, R.R.District, District Collectorate, R.R.District, Lakdikapool, Hyderabad. 7. Mirza Nusrat Ali Baig, S/o Mirza Riyasab Ali Baig, R/o, 10-05-32, Ahmed Nagar, First Lancer, Hyderabad. 8. Fatima Bee @ Tahera, w/o Late M.A.Fasiuddin, R/o 10-05-32, Ahmed Nagar, First Lancer,Hyderabad. 9. Sree Venkateswara Builders, having its registered office at 6- 21/1/3, Kukatpally X roads Moosapet, Hyderabad, rep., by its Managing Director, M.V.Krishna Reddy, s/o late Sri M.Chenchi Reddy, aged about 59 years, R/o. Vivekanandanagar Colony, Kukatpally, R.R.District, Hyderabad. 10. Ch.Kondala Rao, s/o late Sri Ch.Rama Rao, aged about 35 years, R/o. Plot No.3-13, Kukatpally, R.R.District, Hyderabad. 11. Muneerunnisa Begum, d/o late Nawab Mustaba Hussain, aged About 57years. 12. Safrajunnisa Begum, d/o late Nawab Mustaba, aged about 57 years. 13. Syed Ali Shereyar, s/o late Nawab Mustaba Hussain, aged about 55 years. 14. Noorunnisa Begum, d/o late Shahjahan Begum, aged about 63 years. 15. Afsar Riza Qazila Bash , d/o late Fakar Jahan Begum, aged about 63 years. (Respondent Nos.11 to 15 are rep., by their power of attorney holder Mir Hasan Ali,S/o. late Mir Hussain Ali, aged about 59 Years, r/o 8-2-282/A/4, Road No.3, Banjara Hills, Hyderabad.) Respondents/ For the reasons stated in the affidavit, it is therefore prayed that the Hon’ble Court may be pleased to implead the petitioners as respondent Nos.16 & 17 and permit them to put forth their claim for proper adjudication of claim and pass such other order or orders as the Hon’ble Court deems fit in the interest of justice. Counsel for the petitioner: Sri M. Achutha Reddy Counsel for the respondents: W.A.M.P.No.2475 of 2008 IN WRIT APPAL No.1311 of 2005 Between: 1. G. Manikya Reddy S/o G. Malla Reddy, aged about 46 yars, occu: Business R/o 1-7-197/1, Kamala Naar, Kushaiguda, Kapra Municipality, Keesara Mandal, Ranga Reddy Dist. 2. K. Kalyanachakravarthi S/o K. JaiyachanraNaidu, Hindu, aged about 47 years, occu: Business, R/o Gowardhanagiri village, Pichatoor mandal, Chittoor District. …Petitioners/ Proposed Respondents 16 & 17 And 2. Smt. Azamunnisa Begum W/o late Mir Fazilath Hussain Khan, aged about 80 years, R/o Flat No. 501, Janadar Apartments, Mehdipatnam, Hyderabad. 2. A.P. Housing Board rep. By its V.C. & Housing Commissioner, Grhakalpa, M.J. Road, Hyderabad. 3. The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 4. The Commissioner (Appeals), O/o. The Chief Commissioner of Land Administration, A.P. Nampally, Stn. Road, Hyderabad. 5. District Revenue Officer, Ranga Reddy District, District Collectorate, Lakdi-ka-pul, Hydrabad. 6. Mandal Revenue Officer, Balanagar Mandal, K.P.H.B. Colony, Ranga Reddy District. 7. The Asst. Director, Survey & Land Records, Ranga Reddy District, District Collectorate, R.R. District, Lakdi-ka-pul, Hydrabad. 8. Mirza Nusrat Ali Baig, S/o Mirza Riyasab Ali Baig, R/o 10-5-32, Ahmed Nagar, First Lancer, Hydrabad. 9. Fathima Bee @ Tahera W/o late M.A. Fasiuddin, R/o 10-5-32, Ahmed Nagar, First Lancer, Hydrabad. 10. Sree Venkateswara Builders, having its registred office at 6-21/1/3,Kukatpally Main Road, Moosapet, Hyderabad, represented by its Managing Director M.V. Krishna Reddy s/o late M. Chenchi Reddy, aged 59 years, R/o Vivekananda Nagar colony, Kukatpally, Ranga Reddy District, Hyderabad. 11. Ch. Kondala Rao s/o late Ch. Rama Rao, aged about 35 years, occu: Business, R/o Plot No. 3-13, Kukatpally, Ranga Reddy District, Hydrabad. 12. Smt. Muneerunnisa Begum D/o late Nawab Mustaba Hussain, aged about 59 years, 13. Smt. Sarfrajunnisa Begum d/o late Nawab Mustaba Hussain, aged 57 years, occu: Household 14. Syed Ali Shereyar, s/o late Nawab Mustaba Hussain, aged about 35 years, 15. Smt. Noorunnisa Begum, D/o late Shahjahan Begum, aged about 63 years, occu: Household, 16. Asfar Riza Qazila Bash, D/o late Fakar Jahan Begum, aged about 65 years, occu: House hold, Respondent Nos. 12 o 16 are rep. By their Power of Attorney Holder Mir Hasan Ali s/o late Mir Hussain Ali, aged bout 59 years, R/o 8-2-282/A/4, Road No.3, Banjara Hills, Hyderabad. (Respondent No. to are not necessary in this W.P.M.P. Respondents/Respondents For the reasons stated it is prayed that this Hon’ble Court maybe pleased to implead the petitioners as the respondent Nos. 16 and 17 in the Writ Appeal No. 1311 of 2005 and pass such other order or other orders as it may deem fit pending disposal of Writ Appeal. Counsel for the petitioners: M/s P. Veera Reddy, K. Murali Krishna Counsel for the respondents: W.A.M.P.No.2476 of 2008 IN WRIT APPAL No.1781 of 2005 Between: 1. G. Manikya Reddy S/o G. Malla Reddy, aged about 46 yars, occ: Business R/o 1-7-197/1, Kamala Naar, Kushaiguda, Kapra Municipality, Keesara Mandal, Ranga Reddy Dist. 2. K. Kalyanachakravarthi S/o K. JaiyachanraNaidu, Hindu, aged about 47 years, occu: Business, R/o Gowardhanagiri village, Pichatoor Mandal, Chittoor District. …Petitioenrs/ Proposed Respondents 15 & 16 And 1. Mirza Nusrat Ali Baig, S/o. Mirza Riyasab Ali Baig, aged 45 years, Occ: Advoctae, R/o. 24.630, Sundernagar, Kachiguda, Hyderabad. 2. Smt. Fatima Bee @ Tahera, W/o. Late M.a. Fasiuddin, Aged 38 years, Occ: Household, R/o.3-1-189, Essamia Bazar, Hyderabad. 3. A.P. Housing Board rep. By its V.C. & Housing Commissioner, Grhakalpa, M.J. Road, Hyderabad. 4. The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 5. The Commissioner (Appeals), O/o. The Chief Commissioner of Land Administration, A.P. Nampally, Stn. Road, Hyderabad. 6. District Revenue Officer, Ranga Reddy District, District Collectorate, Lakdi-ka-pul, Hydrabad. 7. Mandal Revenue Officer, Balanagar Mandal, K.P.H.B. Colony, Ranga Reddy District. 8. The Asst. Director, Survey & Land Records, Ranga Reddy District, District Collectorate, R.R. District, Lakdi-ka-pul, Hydrabad. 9. Smt. Azamunnisa Begum, W/o. Late Mir Fazilath Hussain Khan, C/o. K. Parthasarathy, Advocate, At Plot No.11, Lepakshi Colony, West Marredpally, Secunderabad. 10. Sree Venkateswara Builders, having its registred office at 6-21/1/3,Kukatpally Main Road, Moosapet, Hyderabad, represented by its Managing Director M.V. Krishna Reddy s/o late M. Chenchi Reddy, aged 59 years, R/o Vivekananda Nagar colony, Kukatpally, Ranga Reddy District, Hyderabad. 11. Ch. Kondala Rao s/o late Ch. Rama Rao, aged about 35 years, occu: Business, R/o Plot No. 3-13, Kukatpally, Ranga Reddy District, Hydrabad. 12. Smt. Muneerunnisa Begum D/o late Nawab Mustaba Hussain, aged about 59 years, 13. Smt. Sarfrajunnisa Begum d/o late Nawab Mustaba Hussain, aged 57 years, occu: Household 14. Syed Ali Shereyar, s/o late Nawab Mustaba Hussain, aged about 35 years, 15. Smt. Noorunnisa Begum, D/o late Shahjahan Begum, aged about 63 years, occu: Household, 16. Asfar Riza Qazila Bash, D/o late Fakar Jahan Begum, aged about 65 years, occu: House hold, Respondent Nos. 12 o 16 are rep. By their Power of Attorney Holder Mir Hasan Ali s/o late Mir Hussain Ali, aged bout 59 years, R/o 8-2-282/A/4, Road No.3, Banjara Hills, Hyderabad. (Respondent No. to are not necessary in this W.P.M.P. Respondents/Respondents For the reasons stated it is prayed that this Hon’ble Court maybe pleased to implead the petitioners as therespondent Nos. 16 and 17 in the Writ Appeal No.1781 of 2005 and pass such other order or other orders as it may deem fit pending disposal of Writ Appeal. Counsel for the petitioners: M/s P. Veera Reddy, K. Murali Krishna Counsel for the respondents: The Court made the following: COMMON JUDGMENT: (per Hon’ble Sri Justice Vilas V. Afzulpurkar) WA.Nos.1311 and 1781 of 2005: WA.Nos.1311 and 1781 of 2005 are directed against the judgment of the learned single Judge in WP.No.13927 of 2003 dated 19.04.2005. While WA.No.1781 of 2005 is filed by respondents 7 and 8 in the writ petition – [appellant No.1 (seventh respondent), since died is represented by appellants 3 to 7], W.A.No.1311 of 2005 is filed by the legal representatives of the sixth respondent in the writ petition. 2. The facts, in brief, are as follows: (a) The Government of Andhra Pradesh acquired Ac.661.04 guntas of land in Sy.No.1009 of Kukatpally village for Andhra Pradesh Housing Board (APHB) and further, an extent of Ac.5.21 guntas was acquired by the Government for Water Works Department. To the extent of the land acquired for APHB an award No.2 dated 10.06.1968 was passed by the Special Deputy Collector, Land Acquisition (General), Hyderabad and the other extent of Ac.5.21 guntas is in possession of Manjeera Water Works Department. During the award enquiry, late Nawab Rayees Yar Jang and later Mir Fazilath Hussain Khan, S/o. late Nawab Rayees Yar Jang, filed claim petitions claiming compensation. The said claimants prosecuted the claim petitions and the Land Acquisition Officer, originally passed award @ Rs.500/- per acre. Dissatisfied therewith, the owners sought reference under Section 18 of the Land Acquisition Act vide O.P.No.330 of 1968 before the Chief Judge, City Civil Court and ultimately the compensation was finally determined by the order of the Honourable Supreme Court. However, the same is not the subject matter of the present proceedings. Suffice it to notice that the acquisition notification as mentioned above was issued on 24.05.1963 and the possession of the land was taken over on 24.06.1968 by APHB. (b) Mir Fazilath Hussain Khan S/o. late Nawab Rayees Yar Jang filed an application before the District Revenue Officer (DRO), Ranga Reddy District, under Section 87 of the Andhra Pradesh (Telangana) Area Land Revenue Act (for short ‘the Act’), 1317 Fasli claiming to be the pattedar and owner of the acquired land bearing Sy.No.1009 and 1043 to 1065 totally admeasuring Ac.1121.71 guntas but as per the revenue record, the extent recorded is Ac.1110.07 guntas. The said applicant stated that after excluding the acquisition of the acquired land for APHB and Manjeera Water Works, an extent of Ac.11.10 guntas in Sy.No.1009 is still in his possession and as such; it is necessary that corrections with regard to the extent of the said balance land may be made in the revenue record. The specific contention of the said applicant was that out of Sy.No.1009 the Government having acquired Ac.661.04 guntas for APHB and having paid compensation, thereafter, an extent of total area of Sy.No.1009 found on the spot is Ac.672.14 guntas and after acquisition an extent of Ac.5.21 guntas for Manjeera Water Works, still an extent of Ac.11.10 guntas, which is part of Sy.No.1009 is left over and as such, sought correction of revenue record by including the name of the owners/claimants by passing necessary orders. In the said application, the applicants/claimants also stated that necessary orders for condonation of delay be passed and the correction as prayed for be ordered. The Commissioner of Survey, Settlements and Land Records, Hyderabad, vide his proceedings in letter No.P5/834/96 dated 15.09.1997 examined the matter and directed the DRO to take action as per circular instructions of the Commissioner by opining that the error pointed out falls in the category of ‘clerical error’ vide Para 5(a) of the circular and directed the DRO to hear APHB and the applicant under Section 87 of the Act. (c) Accordingly notices were issued to APHB to file their objections and then the DRO considered the entire matter with reference to the records and was of the view that survey is required to be carried out to ascertain the factual position. The claimant/applicant also filed several documents showing their entitlement as legal representatives and also notifications earlier issued together with the sketch of the survey number. The DRO referred the case to Assistant Director, Survey and Land Records, who reported that the boundaries of Sy.No.1009 are fixed with the help of the map and site survey tippans and measured the area and reported that an extent of Ac.20.18 guntas is coming in excess on the sport, which is part and parcel of Sy.No.1009. The DRO, on enquiry and on examination of acquisition proceedings culminating in the award dated 10.06.1968, found that though the compensation was paid for Ac.661.04 guntas in Sy.No.1009, the remaining property of the claim, found exceeding, was neither acquired nor APHB is otherwise entitled to. Taking into consideration the technical opinion of the Assistant Director with regard to the dimensions and measurement of Sy.No.1009 fixed with reference to traverse data of tippans and theodolite survey method found that there is excess land available and the claim of the applicants seeking correction was found to be justified, as there was clearly a clerical error. In conclusion, the DRO found that under Section 87 of the Act, a correction of extent in Sy.No.1009 of Kukatpally village, Balanagar Mandal, is required to be made by correcting the extent from Ac.666.25 guntas to Ac.687.03 guntas and to include the names of owners in the khata by deleting the area acquired by APHB admeasuring Ac.661.04 guntas. (d) As against the aforesaid order of the DRO, APHB preferred an appeal under Section 158 of the Act before the Commissioner (Appeals), O/o. The Chief Commissioner of Land Administration, Hyderabad. The learned Commissioner re-examined the matter and found as follows at Paras 4, 5 and 7: “4. The appellant Housing Board has acquired an extent of Ac.661.04 guntas in Sy.No.1009 of Kukatpally (V) and award was passed on 10.06.1968. The pattadar filed claim petition under Section 18 of the L.A. Act in O.P.No.330 of 1968 in the court of the Chief Judge, City Civil Court, Hyderabad. In para (6) of the claim petition among other things, it is mentioned that the remaining extent of 11 acres and odd is not acquired and the same remain to be the property of the claimant. As such, the plea of the appellant that the respondent’s claim is belated is not correct. 5. The error noticed in the instant case is difference in the are of Sy.No.1009 of Kukatpally (V) which falls under category of clerical error in para 5(d) of thecircular issued vide D.O.S. Ref. No.F2/10568/94, dt. 19.04.1995. There is no time limit for entertaining clerical errors and the D.R.O. is competent to entertain such clerical errors and pass orders under section 87 of the A.P. (T.A.) L.R. Act, 1317 F. As such, the plea that respondent No.2 exercise powers for correction of extent under Section 87 of the L.R. Act, 1317 F without jurisdiction is not accepted. 6… 7. The D.R.O., Ranga Reddy District has entertained the petition for correction error in the extent of Sy.No.1009, Kukatpally under Section 87 of the A.P. (T.A.) L.R. Act, 1317 F as per the clarification given by the Commissioner SS & LR, A.P., Hyderabad vide Ref. P5/834/96, dt.15-09-1997. As per award an extent of Acs.661-04 gts., was acquired in Sy.No.1009 of Kukatpally (v) by the appellant Housing Board and the excess extent available in the said Sy.No., belongs to the pattadar and as such there is no need to take into consideration BSO 34 B while re-survey of the land in question.” In conclusion, the learned Commissioner agreed with the order of the DRO as proper and confirmed the same. Aggrieved thereby, APHB filed WP.No.13927 of 2003 before this Court. Under the impugned judgment, the learned single Judge has allowed the writ petition. Against the said judgment of the learned single Judge, two writ appeals are preferred by the respective claimants, namely, sixth respondents’ legal representatives have preferred WA.No.1311 of 2005 and respondents 7 and 8 have preferred W.A.No.1781 of 2005. 3. We have heard Sri J. Prabhakar, learned standing counsel for APHB and Sri B. Ram Moham Reddy and Sri. Mahmood Ali, learned counsel, appearing for the appellants respectively in these two appeals. We have also heard learned counsel for proposed parties. 4. During the hearing, we had entertained a doubt as to whether Section 87 of the Act is still an available remedy. However, neither of the counsel could enlighten us on this aspect. A Division Bench of this Court in Joint Collector v. K. Sathaiah (WA.No.152 of 1985 dated 05.03.1991) was considering the correctness of the judgment of the learned single Judge, who had held that after extension of the Andhra Pradesh (Andhra Area) Survey and Boundaries Act, 1923 to the entire State by the State Amendment Act 22 of 1985 the Chapters under the Andhra Pradesh (Telangana Area) Land Revenue Act, which includes Section 87 was deleted. The Division Bench considered the aforesaid in the light of the Andhra Pradesh Survey and