THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER:

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

“…..to issue a writ of Mandamus or any other appropriate Writ, order or direction declaring the inaction of the respondents 4 and 5 in not considering and conducting land survey in Sy.No.1525, Old Sy.No.1407 to an extent of Ac.1.19 gts situated Adarshnagar, Nirmal Town and District on the applications dated 10.09.2020, 23.02.2021, 09.03.2021, 22.03.2021, 03.06.2021 and 08.09.2021 submitted by the petitioner is arbitrary, illegal and in violation of Article 14, 300-A of constitution of India, Principles of Natural Justice and report decision in 2016(3) ALT 653 consequently to direct the respondents 4 and 5 to conduct survey of land in Sy.No.1525, Old Sy.No.1407 to an extent of Ac.1.19 gts situated at Adarshnagar, Nirmal Town and District and also to respondents 3 and 6 to provide Police Protection during such survey of the land in the interest of justice and pass such other order…”

2. Heard Sri Shafath Ahmed Khan, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondents Nos.1 to 6. Perused the material available on record.

petitioner purchased land in Survey No.1407, to an extent of Ac.1.19 guntas through registered Sale Deed bearing Document No.526/1960, dated 11.10.1960. Since the date of purchase the petitioner has been in possession and enjoyment of the said land. Basing on the said registered Sale Deed, respondent No.5 mutated the land records in respect of the subject land in favour of the petitioner and issued the Pattadar Pass Book and Pahani under the Pattadar Pass Book Act, 1971.

4. Learned counsel for the petitioner submits that since unofficial respondent Nos.7 and 8, who are neighbouring land owners claiming part of the subject land, the petitioner had approached respondent authorities by way of making several representations dated 10.09.2020, 23.02.2021, 09.03.2021, 03.06.2021, 22.03.2021, for demarcation of the subject land and fixation of its boundaries by paying the requisite fee.

that pursuant to the said representations, respondent No.4 issued a notice vide dated 26.03.2021, fixing the date and time for conducting the survey of the subject land on 29.04.2021 at 10:30 A.M. Despite the issuance of such notice, the survey was not conducted. Hence, the present writ petition is filed.

5. Learned Assistant Government Pleader for Revenue, appearing on behalf of the respondent Nos.1 to 6 submits that the representations made by the petitioner will be considered and disposed of by following due process of law.

6. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, this Writ Petition is disposed of directing the respondents to consider the representations dated 22.03.2021 and 08.09.2021 submitted by the petitioner and pass appropriate orders strictly in accordance with law, after issuing prior notice to the petitioner as well as the unofficial respondent Nos.7 and 8.

7. Accordingly, this writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

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JUSTICE E.V. VENUGOPAL Date: 18.08.2025 FM