IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 27962 of 2007 Between: Mediboina Seethamma, W/o. Late Krishnaswamy, R/o. Bottavanipalem, Madhurawada, Visakhapatnam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Visakhapatnam. 4 The Mandal Revenue Officer, Madhurawada Rural, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any Writ, order or direction particularly one in the nature of MANDAMUS declaring the inaction of the respondents finalizing the proceedings pending under BSO 34(d) for S.No. 110 and 111/6 (New S.NO.) (Old Survey Numbers of 253 and 250/C) of Madhurawada Village and Mandal, Visakhapatnam District as arbitrary, illegal as illegal, arbitrary, bad in law, violative of Art. 14, 21 and 300A of the Constitution of India and consequently direct the Respondents to finalize the proceedings pending under BSO 34(d) of the Petitioner for S.No. 110 and 111/6 (New S.No.) (Old Survey Numbers of 253 and 250/C ) of Madhurawada Village and Mandal, Visakhapatnam District. Counsel for the Petitioner: DR.P.B.VIJAY KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed seeking a direction to the respondents to finalise the proceedings under BSO 34(d) for Sy.No.110 and 111/6 (new Sy.Nos.)(old Sy.No.253 and 250/C) of Madhurawada Village and mandal, Visakhapatnam District. Heard the learned counsel for the petitioner as well as the learned Government pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage. It is the case of the petitioner that her father bequeathed his self acquired property to her by executing a Will on 9.2.1965 and after his death, she stepped into the shoes of her father and as on date she is in peaceful possession and enjoyment of the said lands. While the matters stood thus, respondents 3 and 4 under the instructions of the 2nd respondent surveyed and measured the extents of the land which are in her possession and fixed the boundary stones stating that the said extents are vacant lands and mentioned as AWD. Challenging the said classification, though she filed a writ petition before this Court earlier, ultimately withdrew the same with liberty to approach the authorities for changing the classification of the lands and accordingly made an application before the 2nd respondent requesting to change the classification of the lands covered by S.Nos.110 and 111/6 of Madhurawada Village and Mandal, Visakhapatnam as private lands instead of government lands basing on the reports submitted by the Mandal Surveyor and Mandal Revenue Inspector as per which there was a mistake in classifying the said lands in the revenue records and there could be no objection for effecting change in the lands and that further proceedings are pending before the revenue authorities for correction. Though the writ petition was admitted and notice was issued on 28.12.2007, so far, the respondents have not filed any counter affidavit. Even though the petitioner has sought for a mandamus to declare the inaction of the respondents in finalizing the proceedings pending under BSO 34(d) for S.No.110 and 111/6 as arbitrary and illegal and consequently to direct the respondents to finalise the proceedings, but at the time of hearing of the writ petition it is stated that it would suffice if a direction is given to the District Collector to pass appropriate orders on the application made by the petitioner and finalise the proceedings pending before him under BSO 34(d) expeditiously after taking into consideration the report submitted by the Tahsildar, for which the learned Government Pleader agreed. In view of the above, the writ petition is disposed of directing the District Collector to pass appropriate orders on the application made by the petitioner and finalise the proceedings pending before him under BSO 34(d) after taking into consideration the report submitted by the Tahsildar as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. N.V.RAMANA,J DT.13.6.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Visakhapatnam. 4 The Mandal Revenue Officer, Madhurawada Rural, Visakhapatnam. 5 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd (OUT) 6 2CD copies