IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 22383 of 2008 Between: Smt. G.Anupama W/o. Late Ramakrishna R/o. Flat No. 101, Sri Suryodaya Heavens, SBI Officer's Colony, Moosarambagh, Hyderabad-36 ..... PETITIONER AND 1 The District Collector, Visakhapatnam 2 The Tahsildar, Bheem, unipatnam Mandal, Visakhapatnam. 3 Station House Officer, Bheemunipatnam Police Station, Visakhapatnam District. 4 Sri R.Govind S/o. Late R.Appalanaidu R/o. flat No. 405, B Block, East Court Apartments, East Point Colony, Visakhapatnam. 17 .....RESPONDENT(S) 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 on the part of the 2nd respondent in undertaking the survey and demarcation of the petitioner's land admeasuring 4447 square yards comprises of plot No. 94, S.No. 31/1 of Nerallavalasa Village of Nidigattu Panchayat and land comprising of land to an extent of 2517 Sq. of A.No. 32/3 of the same village belonging to the respondent No. 4 at the instance of the 3rd respondent's letter dated: 25.3.2008 as arbitrary, illegal and consequently direct the respondents 1 and 2 to undertake survey and demarcation of the same. 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 respondents 1 and 2 to undertake survey and demarcation of the land in an extent of 444 square yards comprised in Plot No.94, S.No.31/1 of Nerallavalasa Village of Nidigattu Panchayat and the land comprising of 2517 square yards in S.No.32/3 of the same village belonging to respondent No.4. Heard the learned counsel for the petitioner and the learned Government Pleaders for Revenue and Home and at their request the writ petition is taken up for ﬁnal disposal at the admission stage itself. It is the case of the petitioner that her husband purchased an extent of 444 square yards of land in plot No.94 of Survey No.33/1 of Nerallavalasa Village of Nidigattu Panchayat in the year 1983 under a registered sale deed and since then they are in possession and enjoyment of the said land and she became the absolute owner of the property by virtue of a will dated 17.2.1998 since her husband passed away on 22.9.2006. It is stated that she planted coconut and other fruit bearing trees by fencing the entire site and after obtaining permission from Visakhapatnam Urban Development Authority, she has also constructed a compound wall. While the matters stood thus, on 13.3.2008, the unoﬃcial 4th respondent came to the site and forcibly demolished the compound wall and fell the fruit bearing trees and in this regard she also lodged a complaint to the police, Bheemunicpatnam who in turn addressed a letter on 25.3.2008 to the Tahsildar, for conducting survey by demarcating the land in dispute and to provide for the information for the purpose of further action. The grievance of the petitioner is that so far, the Tahsildar has not taken any action for conducting the survey and, therefore, she made a complaint to the District Collector requesting him to issue necessary directions to the concerned Tahsildar to conduct the survey in order to solve the problem but since he has also not taken any action, the present writ petition is filed. Admittedly, the petitioner has not submitted any application to the 2nd respondent – Tahsildar, Bheemunipatnam seeking survey of the land by paying the prescribed fee except making a representation to the District Collector seeking directions to the Tahsildar to conduct survey. In the circumstances, the petitioner is directed to approach the 2nd respondent – Tahsildar, Bheemunipatnam by making a proper application seeking survey of the land and also pay the requisite fee. If any such application is ﬁled by the petitioner, the 2 nd respondent shall consider the same and take necessary steps for conducting the survey expeditiously. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.22.10.2008 msv