file suit seek court orders to direct neighbor to vacate 5 cents of land in his possession 

2) seek injunction restraining neighbour from selling the land 

3) enclose copy of survey reports 

Your land has been encroached by your neighbour which you came to know only after getting the survey report.

Since he is not ready to recognise your rights and is unwilling to co-operate even for removing the boundary stones laid down in your property, you may have to approach civil court with a suit for declaration of title to the encroached property and for possession, mandatory injunction to remove the boundary stones from the encroached property as well as for permanent injunction restraining him from interfering with your possession of the property and temporary injunction to restrain him from alienating the encroached property till the disposal of this civil suit.

The police will not entertain your complaint which is civil in nature.

This is in reference to the issue concerning the boundary dispute with your adjoining property owner, who has caused damage to one of your fencing stone poles and is now claiming that the disputed portion falls within his boundary. As informed, you have already lodged a complaint with the local police, following which the authorities advised you to obtain a land survey. It is also noted that two separate surveys were conducted—both at the instance of your neighbor—and each report has clearly established that approximately 5 cents of land are missing from your boundary as per the records and Land Patta. These survey findings conclusively show that the current fencing needs to be realigned inward towards your neighbor’s property to restore your lawful extent of land.

Despite these clear and official findings, your neighbor is refusing to accept the survey reports, contending that the boundary has remained unchanged since his grandfather’s time. This position is not legally sustainable as long as the survey and title records establish otherwise.

In view of these facts, the following legal course of action is recommended:

1. You may issue a legal notice to your neighbor calling upon him to respect the official survey reports and remove any obstruction or encroachment from your property within a stipulated time. The notice should refer to the survey numbers, Land Patta details, and attach copies of the survey reports.

2. If your neighbor fails to comply, you may file a civil suit for declaration and permanent injunction before the jurisdictional civil court. The purpose of such a suit will be:

   • To declare the boundary as per the official survey reports to be final and binding, and

   • To restrain your neighbor from interfering with your peaceful possession or from disputing the survey boundary in future.

3. If you also wish to restore the fencing and reclaim the 5 cents of land as per the survey, you may additionally seek mandatory injunction to direct your neighbor to remove any structures or fencing that fall within your lawful extent.

4. As the matter involves encroachment and damage to property, you may submit a written representation to the police along with the survey reports and photographs, requesting them to take note of the damage and maintain peace at the site. While police generally do not adjudicate boundary issues, they can ensure that no further damage or breach of peace occurs during the process.

5. It is also advisable to maintain all documentary evidence, including photographs of the damaged fencing pole, survey sketches, and the correspondence exchanged, as these will be valuable exhibits before the court.

Given that the survey findings are in your favor and were obtained through official procedure, your claim has strong evidentiary support under the Land Records and Civil Procedure law. The courts generally rely on such authoritative surveys, particularly where both parties were aware of or involved in the process.

Accordingly, the recommended immediate step is to have a legal notice issued, followed by appropriate civil proceedings if the dispute persists. This will secure your property rights, ensure the boundary is legally recognized, and prevent future interference from your neighbor.

- You can lodge a complaint before the police and higher official for the offence of trespassing

- If local police has not taken any action then file a complaint before the judicial magistrate to lodge an FIR against him 

- Further, you can also file suit for Permanent & Mandatory injunction against him . 

- You can send a legal notice to him before filing the cases . 

- Since, the survey report is in your favor then there is maximum probability to get the relief. 

Dear Client,

Because two official surveys including the one that your neighbor asked for are in agreement that approximately 5 cents of your land are missing according to your patta, you are on solid legal ground. If your neighbour refuses to acknowledge the reports, the next course of action is to sue him in a civil court for declaration of title and permanent injunction, requesting the court to declare the boundary, enjoin him from interference, and order correction of the fencing according to the survey. Meanwhile, if he continues to damage or trespass, you can also file a police complaint for criminal trespass and mischief. This will allow your title and possession to be legally protected.

I hope this answer helps, for any further queries please do not hesitate to contact us. Thank You.

From the facts you have shared, it appears that there is a boundary dispute between you and your neighbour, despite official survey reports confirming that part of your land (around 5 cents) has been encroached. Let me address the situation step by step:

1. Evidentiary Value of Survey Reports:

   • Since two official surveys have already been conducted (including those initiated at your neighbour’s request), and both are in your favour, these reports carry strong evidentiary value.

   • A private claim by your neighbour that the boundary has existed since his grandfather’s time cannot override documented land records and survey findings.

2. Next Legal Steps:

   • You may file a civil suit for declaration of title and permanent injunction before the jurisdictional Civil Court. This will legally establish your ownership over the disputed portion and restrain your neighbour from interfering.

   • If the neighbour has already encroached or damaged your property, you may also seek a mandatory injunction directing him to remove the encroachment and restore your boundary.

   • Since the matter involves damage to your fence (property), a criminal complaint for mischief (Sections 425/427 IPC, corresponding provisions under Bharatiya Nyaya Sanhita) may also be pursued if the police are not taking action.

3. Practical Advice:

   • Courts usually rely on government survey records and land pattas. Since both surveys are favourable to you, your case stands strong.

   • Filing a civil suit will also compel the neighbour to contest formally, and the court can order a fresh commission survey to settle the dispute once and for all.

To protect your land rights effectively, it is advisable not to delay approaching the court, as prolonged inaction can sometimes weaken claims.

You may connect with me for a detailed consultation, where I can assess your survey reports, patta documents, and police complaints, and accordingly draft the necessary legal notice and civil suit petition to safeguard your ownership and possession.

Best regards,
Advocate Aman Verma
Legal Corridor

On basis of the survey you can approach court and take direction 

1. Boundary of you land with neighbor is determined by survey officer after giving notice of all neighbouring land holders.
2. Neighbour has not filed any appeal against the survey and determination of boundary.
3. You need to file suit in civil Court for permanent injunction against neighbour not to disturb the
4. You can also file criminal complaint against him for trespass basing on survey report.

Since the survey reports and patta are in your favor, the proper course is to file a civil suit for declaration of title, recovery of possession of 5 cents, and injunction against interference. Additionally, you may lodge a criminal complaint for damaging the fencing stone. The police cannot enforce survey reports; only a civil court decree can settle this boundary dispute conclusively.

Since the survey reports (conducted at your neighbor’s request) confirm the correct boundary, you should first send a legal notice attaching the surveys, demanding he acknowledge the boundary and move the fence. If he refuses, you can file a civil suit for declaration and injunction to enforce the correct boundary. Do not move the fence yourself.