IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15057 of 2008 Between: 1 Mantha Rambabu S/o. Somnath East Godavari District. 2 Y. Vijay Kumar S/o. Arjun Rao East Godavari District. ..... PETITIONERS AND 1 The District Collector, East Godavari District at Kakinada. 2 The Revenue Divisional Officer, Peddapuram, East Godavari District. 3 The Tahsildar, Tondangi-Mandal East Godavari District. ...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 an appropriate writ more in the nature of writ of Mandamus declaring the action of the 3rd Respondent in not surveying and demarcating the lands belonging to the petitioners in an extent of Ac 3-69 cents in Sy.Nos. 293/2 and 293/3 of A.Kothapally-Village, Tondangi-Mandal of East Godavari District, despite the representation was made way back on 4-7-2008 and requisite fees was paid through Challan as being illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the 3rd Respondent to forthwith survey and demarcate the lands belonging to the petitioners in an extent of Ac 3-69 cents in Sy.Nos. 293/2 and 293/3 of A. Kothapally- Village, Tondangi Mandal of East Godavari District and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case. Counsel for the Petitioners:MR.CH.SAMSON BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The writ petition is filed seeking the following substantial relief. “ to declare the action of the 3rd Respondent in not surveying and demarcating the lands belonging to the petitioners in an extent of Ac 3-69 cents in Sy.Nos. 293/2 and 293/3 of A.Kothapally-Village, Tondangi-Mandal of East Godavari District, despite the representation made way back on 4-7- 2008 and requisite fees was paid through Challan as being illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the 3rd Respondent to forthwith survey and demarcate the lands belonging to the petitioners in an extent of Ac 3-69 cents in Sy.Nos. 293/2 and 293/3 of A. Kothapally-Village, Tondangi Mandal of East Godavari District” Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the writ petition is taken up for hearing at the admission stage itself. It is the case of the petitioners that initially an extent of Ac.6.81 cents of land in S.No.293 of A.Kothapally Village, Tondangi Mandal of East Godavari District belonged to one G.Narayya and out of the said land, an extent of Ac.3.02 cents was acquired by the government for the purpose of Hindu grave yard during the year 1950 and the remaining extent of Ac.3.79 cents was purchased by the petitioners under a registered deed. Since a portion of the land was acquired by the government for grave yard, the boundaries were not fixed and the villagers are burying the dead bodies even in the lands of the petitioners. Therefore, the petitioners made a representation to the respondents on 26.4.2008 to survey and demarcate their lands and to fix the boundaries. It is also stated that they have also paid the requisite fee. The grievance of the petitioners is that so far the said representation is not considered and disposed of by the authorities. Even though in the affidavit the petitioners stated that they have made the representation on 26.4.2008, a perusal of the representation indicates that the same was made on 4.7.2008. Therefore, it is too premature to say that the respondents have not acted upon the representation of the petitioners. Since the petitioners have already made a representation seeking survey and demarcation of their lands, I hope that the respondents will definitely conduct survey after completing the formalities of issuing notice to the affected parties etc., The relief sought for by the petitioners in this writ petition cannot be granted at this stage. The writ petition is accordingly dismissed. No costs. N.V.RAMANA,J Dt: 14.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, East Godavari District at Kakinada. 2 The Revenue Divisional Officer, Peddapuram, East Godavari District. 3 The Tahsildar, Tondangi-Mandal East Godavari District. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd 5 2CD copies