THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.22911 OF 2021

ORDER

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...to issue a direction or an order or writ more particularly writ of Mandamus declaring the action of the Respondents in demarcation of Survey No.69 of Chengicherla Village, Medipally Mandal, Medchal- Malkajgiri District by issuing notice No.DIS/20/2021 dated 23/08/2021 by the Respondent No.4 i.e., the Mandal Surveyor as illegal arbitrary and unjust and set aside the same and to pass...”

2. The case of the petitioner is that the petitioner herein is the absolute owner and possessor of agricultural lands to an extent of Acs.13.00 guntas in Sy.No.60a1/part and Acs.3.07 guntas in Sy.No.62, situated at Chengicharala Village, Medipally Mandal, Medchal-Malkajgiri District. While the matter stood, on 01.09.2021, respondent No.4 issued a notice No.DIS/20/2021, dated 23.08.2021 to the petitioner informing that respondent No.6 herein has applied for demarcation of land in Sy.No.69 and the demarcation is scheduled on 06.09.2021 at 10:30 A.M. and further informed that the petitioner to present on the spot. On perusal of the notice, it is noticed that the notice is addressed only to the petitioner along and no other adjacent land owners are mentioned. The land in Sy.No.69 is surrounded by the land in Sy.Nos.60a1/part, 60a2/part, 65, 66, 67, 68 and 70 of the very same village and the lands in Sy.Nos.68 and 69 belongs to Sri A.Narasimha Reddy, he converted them into residential plots and several houses have been constructed. After his death, his legal heirs succeeded the said land. Respondent No.6 is one of the sons of late Sri A.Narasimha Reddy. On enquiry, it is found that respondent No.6 was allocated land to an extent of Acs.1.30 guntas in Sy.No.69/part and land to an extent of Ac.1.30 guntas in Sy.No.68/part. It is also evident from the encumbrance certificate dated 15.09.2021 that the neighbouring land owners of respondent No.6 also developed their lands into residential plots and sold it away.

3. It is the further case of the petitioner that respondent No.6 has already sold out his entire land in Sy.Nos.69/part and 68/part. Despite having sold the land, respondent No.6 has applied for demarcation of Sy.No.69 and respondent No.4 in collusion with respondent No.6 has issued notice only to the petitioner. On receipt of the said notice, the petitioner approached Mandal Revenue Officer, Medipally Mandal on 06.09.2021 under the provisions of Right to Information Act, 2005. The Mandal Revenue Officer has not furnished any information. On the same day, the petitioner addressed a letter to respondent No.4, bringing to her notice about the pendency of his application under RTI Act and requested to defer the proposed demarcation of land and also requested to issue notice to the occupants of adjacent lands.

4. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue, for respondentNos.1 to 5 and learned counsel appearing for respondent No.6 and perused the record.

5. Learned counsel appearing for the petitioner would submit that though respondent No.6 is not having any land in Sy.No.69 and respondent No.4 is proceeding to demarcate the land in Sy.No.69 without issuing notice to the adjacent land owners of Sy.No.69. On the basis of illegal demarcation of land, respondent No.6 is intending to encroach into the land belongs to the petitioner in Sy.No.69, which would cause irreparable loss and hardship to the petitioner. Hence, the present writ petition.

6. Opposing the same, learned counsel appearing for respondent No.6 would submit that if the petitioner is having any title over the subject property, the petitioner ought to have co-operated for conducting survey and by now the issue would have been settled. The petitioner without co-operating with the survey and approaching this Court by filing the present writ petition is