THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.167 of 2021
JUDGMENT :(per Hon'ble Sri Justice A.Rajasheker Reddy)
This Writ Appeal is filed against order dated 27.04.2021 in
W.P.No.12127 of 2020, wherein and whereby the learned Single Judge
dismissed the Writ Petition filed challenging the survey notices dated
29.07.2020, which were issued proposing to conduct survey on
05.08.2020 in respect of land in Sy.Nos.134 to 136 of Kondapur
Village, Serilingampally Mandal, Ranga Reddy District, on the
applications made by respondent Nos. 7 and 8.
2. Heard learned counsel for the parties and perused the record.
3. A perusal of the impugned order dated 27.04.2021 passed by the learned Single Judge goes to show that on the applications made by the respondent Nos.7 and 8, the 5th respondent had issued notices dated 29.07.2020 for conducting survey in respect of land in Sy.Nos.134 to 136 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District on 05.08.2020 at 11.00 a.m and also for its demarcation. The respondents 7 to 9 are claiming to be the owners and possessors of different extents of land in Sy.Nos.134 to 136 of Kondapur Village. The appellants are claiming to be the owners of land to an extent of Acs.1.26 guntas in Sy.No.176 (part) of Kondapur village, having purchased the same under registered sale deed dated 31.07.2006.
4. The facts of the case revealed that the land claimed by the appellants is totally different and located in different survey number with that of the land claimed by the respondents 7 to 9 of Kondapur 2 village. The land/property, in which survey is to be conducted by the respondents 7 to 9 is located in Sy.Nos.134 to 136 of Kondapur Village and whereas the land/property claimed by the appellants is situated in Sy.No.176 (part) of Kondapur Village. It is not stated anywhere in the affidavit filed in support of the writ petition that the land in which survey is to be conducted belongs to the appellants or that they are having substantial interest over the subject site and that if the survey is conducted, the same would adversely affect their rights over the property. Since the appellants are not having any right over the land of the respondents 7 to 9, they cannot oppose conducting of survey.
5. That apart, in the counter affidavit filed by the 7th respondent, it is categorically stated that he is not claiming any right over the land owned by the appellants in Sy.No.176(part) of Kondapur village. Therefore, the appellants cannot have any objection in conducting survey in respect of the subject property belonging to the respondents 7 to 9.
6. As rightly observed by the learned Single Judge that survey and demarcation do not create title in favour of any person and the appellants do not have locus standi to challenge the impugned notices dated 29.07.2020. If the appellants have any objection, they are at liberty to place before the concerned surveyor, after receipt of notice on the date and time, fixed by him.
7. Learned Single Judge by referring to two judgments of this Court in W.A.No.110 of 2013 dated 14.06.2013 and W.A.No.1003 of 2013 dated 16.07.2013, came to the conclusion that the survey cannot be denied in respect of private lands by the survey authorities, as such, no exception can be taken to the order of the learned Single Judge. 3
In view of above facts and circumstances, we are of the considered opinion that no extraordinary circumstances are brought to the notice of this Court warranting interference under Clause XV of Letters Patents Appeal, as such, the Writ Appeal is liable to be dismissed and accordingly dismissed.
There shall be no order as to costs. As a sequel thereto, miscellaneous applications, pending if any, shall stands dismissed.
___________________________________ SATISH CHANDRA SHARMA,CJ _____________________________ A.RAJASHEKER REDDY, J .12.2021 kvs 4 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT APPEAL No.167 of 2021 .12.2021 kvs 5