Procedural violations in land dispute notices can lead to annulment, ensuring adherence to statutory procedures.

ORAL ORDER:

Heard Mr.Mullangi Rami Reddy, learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4, learned Assistant Government Pleader for Home appearing for respondent Nos.5 to 7 and Mr.K.V.Subba Reddy, learned counsel appearing for respondent No.8.

2. Petitioner No.1 herein is claiming that he is the absolute owner and possessor of land admeasuring Acs.2.04 guntas in Sy.No.1161/3, situated at Mallachervu Village and Mandal, Suryapet District. He is also the owner of other lands in the very same village. When respondent Nos.8 and 9 are interfering with his possession over the subject property, petitioner No.1 filed the suit in O.S.No.362 of 2024 on the file of the Junior Civil Judge, Huzurnagar, seeking perpetual injunction. Learned trial Court granted interim injunction in favour of petitioner No.1 restraining respondent Nos.8 and 9 from interfering with the possession of petitioner No.1 over the subject property. The said suit is pending and the said interim order is in subsistence.

3. Petitioner No.2 herein is claiming that he is the absolute owner and possessor of land admeasuring Acs.11.10. guntas i.e., Ac.1.03 guntas in Sy.No.1154/A/2, Ac.0.08 guntas in Sy.No.1155/A7, Ac.1.09 guntas in Sy.No.1158/A4/2, Ac.0.30 guntas in Sy.No.1158/AA2, Acs.3.00 guntas in Sy.No.1160/A1, Acs.4.03 guntas in Sy.No.1161/A3, Ac.0.05 guntas in Sy.No.1161/A5 and Ac.0.05 guntas in Sy.No.1161/A7, situated at Mallachervu Village and Mandal, Suryapet District. He has also filed the suit in O.S.No.381 of 2024 against respondent Nos.8 and 9 on the file of the Junior Civil Judge, Huzurnagar, for perpetual injunction. Learned trial Court granted interim order in favour of petitioner No.2. The said suit is pending and the said interim order is in subsistence.

4. Mr.K.V.Subba Reddy, learned counsel appearing for respondent No.8 would submit that the total extent in the aforesaid survey number is Acs.54.00 guntas and it is joint family property. Respondent No.8 is having a share. Suppressing the said fact, in collusion with the revenue authorities, petitioners obtained mutation proceedings, pattadar passbooks and filed the aforesaid suits. However, respondent No.8 is taking steps to get injunctions vacated.

5. Perusal of record would reveal that on the complaint lodged by petitioner No.1, Police, Medlachervu Police Station, registered a case in Crime No.8 of 2025 against respondent Nos.8 and 9 for the offences punishable under Sections 303(2) and 351 read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023 ( BNS , 2023) and Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNS S, 2023).

6. On the complaint lodged by Smt.Konda Sasikala, daughter of petitioner No.1, the very same Police have registered a case in Crime No.14 of 2025 against respondent Nos.8 and 9 for the offence punishable under Sections 329(3) and 324(4) read with Section 3(5) of BNS , 2023. On the complaint lodged by respondent No.9, the said Police have registered a case in Crime No.59 of 2025 for the offence punishable under Section 336(3) read with Section 3(5) of BNS , 2023. Investigation in the said three crimes is pending.

7. In the meanwhile, respondent No.3 has issued impugned notice dated 05.07.2025 directing the petitioners to attend in- person or through counsel in terms of Section 164 of BNSS, 2023 along with relevant record to support their claim. According to the petitioners, they did not appear before respondent No.3 in compliance with