Adjacent landowners must be notified for a valid survey under constitutional property rights.

ORDER

This Writ Petition is filed praying this Court to declare the action of respondent No.5 in issuing survey notice, dated 06.06.2025 proposing to conduct survey on 16.06.2025 for demarcation of Sy.Nos.9 and 525, situated at Manchirevula Village, Gandipet Mandal, Ranga Reddy District in collusion with respondent No.6, without considering the petitioner’s objections as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.0.15 guntas in Sy.No.9A/1/1; Ac.0.15 guntas in Sy.No.9AA/1; Ac.1.01 guntas in Sy.No.274/1 and Ac.0.12 guntas in SyNo.273/1, situated at Manchirevula Village, Gandipet Mandal, Ranga Reddy District, having acquired the same from her ancestors. It is further stated that the name of the petitioner was also incorporated in the revenue records and pattadar passbook No.T05070140171 vide Khata No.60146 was issued in her favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short “the Act 9 of 2020”). It is further stated that respondent No.6 has made an application, dated 04.02.2025 seeking for conducting survey of land in Sy.No.9 and 525, which is adjacent to the petitioner’s land. The grievance of the petitioner is that she being the adjacent owner is entitled for issuance of notice while conducting survey, the respondent authorities have not issued any notice and not followed the circular instructions issued by the Commissioner, Survey, Settlements and Land Records from time to time.

3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensed with.

4. Learned counsel for the petitioner has vehemently contended that any survey conducted without issuing any notice to the adjacent owners the same is not enforceable in law and the persons cannot rely upon the said survey report for any other purposes.

5. Learned Assistant Government Pleader for Revenue has submitted that pursuant to the application submitted by respondent No.6, survey and demarcation of the lands in Sy.Nos.9 and 525, situated at Manchirevula Village was completed and the authorities also issued notices to all the interested and effected persons and they have also conducted panchanama on 19.06.2025.

6. A careful examination of the panchanama would reveal that no notice has been issued to the petitioner nor she was present at Mokha while recording the panchanama. Since it is stated that the survey has already been conducted in the presence of some of the panchas, this Court is of the opinion that instead of relegating the petitioner to file her objections before the Mandal Surveyor, the petitioner is advised to file an appeal, if she is aggrieved with the panchanama, within a period of two (02) weeks from today before respondent No.3. In the event of appeal is filed, respondent No.3 is directed to demarcate the subject lands on appeals on demarcation after following the due procedure as early as possible, preferably, within a period of two (02) months from the date of filing of such an appeal.