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Agurla Kavya   08 July 2024

How to initiate re-survey of survey done by inspector of survey.

My mother holds a agriculture land in Survey No: 1087 extent of about 5acres. A person from adjacent land Survey No: 1100/5 was creating problem by stopping us using ages old cart road (some part will be going from his land) recently with ulterior motive and trying to encroach in to our land. The road is not mention in FMB book and its created about 20-30 year back with mutual understanding. We have approached MRO for survey of our land, and Mandal surveyor came to the filed by giving notices to the adjacent land owners including our opposite person. Survey was done where the boundary demarcation was spilled over to our opposite person’s land at south side whereas same extent of land was added to our opposite person at west side. The south side add land has the road and cattle shed of our opposite person, so he approaches and appeal to Assistant Director (Inspector of survey). AD had come at around 6pm where we didn’t have any information and started installing survey stone right in the middle of our land to satisfy the desires of our opposite person. When we approached him, he was accompanying a police person along with 30-40 people and treated us using filthy language. We vacated the place as the situation was life threatening and approached police station at around 7:30pm. But police people was not able to take the complaint saying issue is civil in nature. We had complaint the matter to District collector, but no action was taken. Finally AD had released panchnama copy to my opposite person and he is creating more truble to us. When we approached MRO, RDO and Joint collector on the matter, they are simple saying to appeal to the Chief Commissioner survey & land settlements. How to approach legally on the above matter? We have following question on the same: 1) How to disqualify AD survey done, as its biased survey without intimating us. Can we ask authorities to take action on him? 2) How to initiate re-survey in the presence of us and along with a neutral surveyor. 3) How to maintain the old boundaries until the re-survey is done? 4) As the proper tippons were not available, can we claim ages old boundaries as our own land? 5) Cart road was in operation from about 20-30years and even same shows in google maps as well. Can we request authorities to enter the road in to the FMB book? if yes, please mention the procedure Looking forward for your invaluable feedback. Thanks in advance, Kavya.


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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

1. The AD has given his decision on the basis of the post he holds, hence any grievances agaisnt the decision should be taken up with the higher authority by an appeal 2. It will be decided in the appeal by the appellate authority. 3. File a suit for injunction restraining the opponent from blocking your easement rights and usage of common path until then. 4. The documentary evidences for the usage of the common passage from that date till this date would be enough. 5. You can file a suit for easement rights and permanent injunction against the opponents in this regard , for further details you can consult your own advocate.
1 Like

P. Venu (Advocate)     08 July 2024

You have option to initiate a civil action for demarcation of the boundaries.

Agurla Kavya   09 July 2024

Thank you very much for your suggest sir @T.Kalaiselvan and @P.Venu

T. Kalaiselvan, Advocate (Advocate)     09 July 2024

You are welcome for your appreciations

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