Facts
The petitioner claimed ownership of 0.53 acres in Survey No. 42/9B, Thallihalli 2 Village, and sought a survey of the property.
Source reference: pp. 2–3After her application was not considered, the High Court in an earlier writ petition directed that the property be surveyed.
Source reference: pp. 2–3When the survey commenced, the fifth respondent objected.
Source reference: pp. 2–3The Tahsildar subsequently proposed to conduct the survey on 15 October 2026, prompting the petitioner to seek police protection for it
Source reference: pp. 2–3Issues
Whether police protection should be directed to enable the Revenue Department to carry out the court-ordered survey despite opposition from private respondents
Source reference: pp. 3, 6–7Whether such protection should be limited to facilitating the survey, without enabling dispossession or resolving any private property dispute
Source reference: p. 7Law Applied
The Court stated that a person may seek a survey of their property and that the Tahsildar has a duty to act on such a request.
Source reference: p. 6–7Obstructing a statutory authority in the discharge of official duties may attract penal provisions, though the Court did not identify a specific statute or provision.
Source reference: p. 6–7The police have a corresponding duty to enable the Revenue Department to perform its functions without hindrance.
Source reference: p. 6–7Police protection for the survey is to be provided at the request of the Revenue Department, not at the request of either private party
Source reference: p. 6–7Reasoning
The earlier order had directed a survey, and the Tahsildar had fixed a date to conduct it.
Source reference: pp. 6–7Given the private respondent’s opposition and the Revenue Department’s duty to carry out the survey, the Court considered police assistance appropriate to prevent obstruction.
Source reference: pp. 6–7It confined that assistance to facilitating the Revenue Department’s work and clarified that a survey could not be used to dispossess anyone.
Source reference: pp. 6–7Any remaining dispute between the parties was left to the civil court.
Source reference: pp. 6–7Holding
The Court disposed of the petition and directed the first and second respondents to provide police protection if the Tahsildar or Surveyor sought it to carry out the direction in the earlier writ petition.
Protection may be requested only by the Revenue Department.
Source reference: pp. 6–7No person may be dispossessed under the guise of a survey; the petitioner may seek relief from the jurisdictional civil court for any unresolved grievance against the private respondents
Source reference: pp. 6–7Original Court PDF
NirmalavsThe Superintendent of Police
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