The Andhra Pradesh High Court clarified that only the rightful owner of a private property can request its survey or demarcation. The Court held that strangers or unrelated individuals have no authority to demand such surveys under the Andhra Pradesh Survey and Boundaries Act, 1923.
A Division Bench of Justice R. Raghunandan Rao and Justice B.V.L.N. Chakravarthi delivered this ruling while hearing a Writ Appeal filed by Manthena Praveen Kumar. The appeal challenged a Single Judge’s decision directing a land survey at the request of a private individual, Lingamaneni Rasmi.
Background of the Case
The appellant, Manthena Praveen Kumar, owns a total of 11.80 acres of land in Kona Village, Machilipatnam Mandal, Krishna District. He purchased the land through sale deeds dated July 4, 2007, and January 18, 2008. However, on September 9, 2024, the Deputy Inspector of Survey issued a notice informing him of a planned survey on behalf of Rasmi, who alleged that 2.00 acres of her land were under illegal occupation by the appellant.
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Rasmi claimed ownership of the disputed land through a registered sale deed and requested the Revenue Department to conduct a survey to determine the boundaries.
The Single Judge dismissed the appellant’s initial plea, stating that the boundary dispute could be resolved through a survey. The appellant then took the matter to the Division Bench, which stayed the survey order on September 30, 2024.
Court’s Observations and Findings
The key question before the Court was whether a private individual without ownership can request a land survey under the 1923 Act. Referring to Rule 20 of Board Standing Order (B.S.O.) 34-A, the Court emphasized that:
“The language of the Rule clearly indicates that such applications can only be made by persons in relation to land owned by them. No stranger can seek survey of private lands or for demarcation of the fields.”
The Court acknowledged earlier decisions and circulars, including government communications from 2012 and 2013, which allowed land surveys at the request of owners. These circulars required submission of valid documents and were limited to marking boundaries (known as F-lines) already present in official survey records.
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The Court further explained that the Revenue Authorities could only assist in identifying existing field boundaries based on official records. They cannot resolve civil disputes or hand over land possession. Such matters must be decided by civil courts.
Case Title:Manthena Praveen Kumar v. The State Of Andhra Pradesh and Others
