Court mandated a fresh survey to clarify property boundaries and rectify Field Measurement Book errors.

ORDER

The petitioners assert title to land in S.No.235/1A2A of the extent of 9 cents under sale deed dated 02.12.2009. The 7^th respondent asserts title to land in the same survey number of an extent of 6 cents under sale deed dated 15.03.2021. On the ground that the said lands were not surveyed and that the errors in the FMB sketch were not rectified, the present writ petition has been filed.

2. Learned counsel for the petitioner refers to the FMB at page 57 of the typed set of papers and points out that this document erroneously depicts the property in S.No.235/6 in the mid eastern corner as that of the 7^th respondent. Inspite of issuing survey notice and undertaking a survey, learned counsel contends that the boundaries of the petitioner's property have not been demarcated and that the errors in the FMB have not been corrected.

3. On the contrary, learned counsel for the 7^th respondent relies upon sale deed dated 31.05.2000 in favour of the 7^th respondent's vendor and the subsequent sale deed in favour of the 7^th respondent dated 15.03.2021. Therefore, he contends that there is no error in the FMB at page No.57 of the typed set of papers.

4. Learned Special Government Pleader submits that an enquiry would be conducted and that a speaking order will be issued by the Revenue Divisional Officer in relation to the petitioner's request for rectification of the FMB.

5. In the above circumstances, without expressing any opinion on the merits, this writ petition is disposed of on the following terms:-

a) The Tashildar is directed to carry out a fresh survey of land in S.No.

235/1A so as to demarcate the properties of the petitioner and the 7^th respondent by fixing the boundaries of the respective properties. Such survey shall be undertaken after issuing notice to the petitioner, the 7^th respondent and owners of relevant adjacent lands. Objections, if any, shall be taken into consideration. Upon conclusion of such survey, a copy of the survey report shall be provided both to the petitioner and to the 7^th respondent. This process shall be concluded within two months from the date of receipt of a copy of this Order; and b)Within two months from the date of conclusion of such survey, the Revenue Divisional Officer shall pass a speaking order in respect of the petitioner's request for rectification of the FMB after providing a reasonable opportunity to the petitioner, the 7^th respondent and any other person who would be affected by such order. No costs.