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High Court for State of TelanganaWP/24499/2019disposed of no costs

S.Chandra Reddy v. State Of Telangana

2019-11-08P Naveen Rao4 pages

Date : 8.11.2019 Between:

S Chandra Reddy S/o late Ram reddy aged about 65 years Occ retired employee H No 12-13-832/1 104 Sri sai residency Gokulnagar Tarnaka Secunderabad Petitioner And State of Telangana rep by its Principal Secretary Revenue Department Secretariat Hyderabad & others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioners and learned Government Pleader for Revenue and with their consent the writ petition is taken up for disposal at the stage of admission itself. 2.

According to petitioner, O S No. 14 of 1983 was instituted on the file of the Subordinate Judge, Karimnagar to grant decree of partition and separate possession of half share in the landed property mentioned in the schedule appended to the suit. The suit was decreed on 30.7.1991. One of the items in the suit schedule is land to an extent of Ac.0.21 guntas in Survey No.624/A, Husnabad village and mandal, Siddipet. In terms of the decree granted, Tahsildar passed orders mutating name in the revenue records vide proceedings No.B/1030/2009 dated 10.6.2010. With reference to property in Survey No. 624/1, there is no mention in the table appended to the proceedings, whereas, Survey No. 264/A was mentioned describing total extent as Ac.0.21 guntas and equally apportioned between two claimants.

Petitioner claimed to have purchased the land belonging to plaintiff to an extent of 968.22 sq yards vide registered sale deed dated 26.8.2015. In the sale deeds, survey number was mentioned as 624/A in terms of the decree granted in favour of the plaintiff. On verification, it was found that in the proceedings of Tahsildar, survey number was wrongly mentioned as 264/A instead of survey number 624/A, therefore, petitioner claimed to have filed application on 30.4.2018 in the office of Tahsildar and sent a copy of the same through registered post with acknowledgement, requesting to correct the clerical error. Alleging inaction, this writ petition is filed.

3.

Since application is already made, without expressing any opinion on the merits of the matter, writ petition is disposed of with the following order.

4.

The Tahsildar-4th respondent shall consider the application submitted by the petitioner, thoroughly verify the revenue records and if it is found that by clerical error survey number was wrongly mentioned as 264/A instead of 624/A, same may be corrected and suitable proceedings to that effect be issued. Having regard to the fact that proceedings are issued on 10.6.2010 and there seems to be some delay, the 4th respondent shall verify as to whether name of any other person(s) is/was entered against survey number 624/A and if that is so, he may also have to issue notice and opportunity to such person(s) before passing appropriate orders. If any documents are required by 4th respondent for verification, the petitioner shall produce such documents/information to 4th respondent. After following due process, the entire exercise shall be completed within eight weeks from the date of receipt of copy of this order.

5.

Accordingly, writ petition is disposed of.

No costs.

Miscellaneous petitions, if any pending, are closed. __________________ P NAVEEN RAO,J DATE: 8-11-2019 TVK

Date : 8.11.2019