The court ruled that owners whose names are deleted from revenue records lack standing to demand notice for survey and demarcation of lands in disputes, emphasizing the impact of pending civil suits.

ORDER :

1. This writ petition is filed to declare the action of respondents in issuing notice dated 10.07.2023, fixing the date for survey and demarcation of land in Sy.No.162, situated at Donthanpally Village, Shankarpally Mandal, Ranga Reddy District, without issuing notice to the petitioners as illegal and arbitrary.

2. Heard Sri G. Rejeshwar Reddy, learned Counsel for petitioners, learned Assistant Government Pleader for Revenue and Sri P.Sriram, learned Counsel for respondent No.4.

3. Learned Counsel for petitioners would submit that petitioner No.1 is the absolute owner and possessor of land admeasuring Ac.0-12 gts in Sy.No.162/Vuu1, situated at Donthanpally Village, Maharajpet Grampanchayat, shankarpally Mandal, Ranga Reddy District, having purchased the same under registered sale deed No.1195 of 2018, dated 07.02.2018, from Kunti Leelavathi. Petitioner No.2 is the absolute owner and possessor of land admeasuring Ac.0-10 gts in Sy.No.162/Vuu1, situated at Donthanpally Village Maharajpet Grampanchayat, Shankarpally Mandal, Ranga Reddy District, having purchased the same under registered sale deed bearing document No.1194 of 2018, dated 07.02.2018, from K.Bharath Veer. Petitioner No.3 is the absolute owner and possessor of land admeasuring Ac.0-15 gts in Sy.No.162/Vuu1, situatedat Donthanpally Village, Maharajpet Grampanchayat, Shankarpally Mandal, Ranga Reddy District, having purchased the same under registered sale deed No.1290 of 2017, dated 02.05.2017, from K.Bharath Veer. He further submitted that from the date of purchase, petitioners have been in peaceful possession and enjoyment of the said lands. While the matter stood thus, neighboring land owner furnished with a notice dated 10.07.2023 vide file No.A3/1183/2022, stating that respondent No.2 is demarcating the land in Sy.No.162 on the application submitted by respondent No.4.

4. Learned Counsel for the petitioners would further submit that no notice has been issued to petitioners before conducting survey and demarcation of lands in Sy.No.162. He further submitted that petitioners being the owners of lands in Sy.No.162, are entitled to notice and conducting survey and demarcation of lands in Sy.No.162 without notice to the petitioners is per se illegal and arbitrary. He also submitted that respondent No.2 issued notice only to two persons and also marked a copy to the Police, Mokila, for bandobasth, which itself shows mala fide intention in conducting survey and demarcation of lands without issuing notice to all the concerned owners of Sy.No.162. He further submitted that if the survey is allowed to be conducted without notice to the petitioners, it would result in irreparable loss and injury to the petitioners, therefore, prayed to allow the writ petition and direct the official respondents to conduct survey by duly giving notice to petitioners.

5. This Court vide Order dated 19.07.2023, granted interim stay of notice dated 10.07.2023. Respondent No.4 filed counter along with vacate stay petition.

6. Learned Counsel for respondent No.4 would submit that respondent No.4 is the absolute owner and possessor of land admeasuring Ac.1-30 gts in Sy.No.162/U, Donthanpally Village, Shankarpally Mandal, Ranga Reddy District (for short ‘subject lands’), having purchased the same under registered sale deed No.5495 of 2017, dated 03.10.2017, from Kanderi Jagadesh and has been in continuous possession and enjoyment of the said land. The vendor of respondent No.4 purchased the said land from Pochamma, Bemamma, Rukamma, Begari Chinna Venkataiah, Begari Narasimhulu and Begari Kistaiah, who are legal heirs of B. Pochaiah thr