IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 4878 of 2008 Between: 1 Kudupudi Palla Rao S/o. Chintanna R/o. Y. Kothapalli (V), P. Gannavaram Mandal, E.G. District. 2 Bonam Venkata Satyanrayana Murthy, S/o. Narayana Murthy R/o. Y. Kothapalli (V), P. Gannavaram Mandal, E.G. District. 3 Bonam Nageswara Rao S/o. Kondala Rao R/o. Y. Kothapalli (V), P. Gannavaram Mandal, E.G. District. 4 Gidigu Nageswara Rao S/o. G. Rama Rao R/o. Modepulanka (V), P. Gannavaram Mandal, E.G. District. 5 Gidigu Venkateswara Rao S/o. G. Rama Rao R/o. Modepulanka (V), P. Gannavaram Mandal, E.G. District. 6 Gidigu Surya Prakash Rao S/o. G. Rama Rao R/o. Modepulanka (V), P. Gannavaram Mandal, E.G. District. ..... PETITIONERS AND 1 The Executive Engineer, Godavari Head Works, Dowlaiswaram, East Godavari District. 2 Deputy Executive Engineer, Godavari Head Works, P. Gannavaram, East Godavari District. 3 Assistant Executive Engineer, Godavari Head Works, Razole, East Godavari District. 4 The District Collector, East Godavari District at Kakinada. 5 The Tahsildar, P. Gannavaram Mandal, P. Gannavaram, East Godavari District. .....RESPONDENTS Counsel for the Petitioners:MR.CH.DHANAMJAYA Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the proposed action of the respondents in seeking to dispossess petitioners 1 to 3 from possession of their respective lands situated in R.S.Nos.9/21, 9/21, 9/1A, 6/5, 9/9A, 9/14A, 9/21, 9/9A, 9/8A and 12/1C and their houses bearing Nos.4-98, 4-99 and 4-150 of Modepulanka Village, P.Gannavaram Mandal, East Godavari District by cutting and removing coconut and other fruit bearing trees in the guise of effecting repairs to the flood bank without due process of law as illegal and arbitrary. The petitioners claim that they are the owners of various lands shown in paragraph 2 of the affidavit filed in support of the writ petition apart from the premises as described above. The petitioners grievance is that on 29.02.2008, the respondents and their subordinates came to their lands and started making preparations to cut and remove the coconut and other fruit bearing trees situated on the above mentioned property, so as to dig the earth in the guise of effecting repairs to the flood bank without following due process of law. Having heard Sri Ch.Dhanamjaya, learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation and Command Area Development, I deem it appropriate to dispose of the writ petition with the direction to the respondents to give notices to the petitioners calling upon them to prove their ownership over the above-mentioned property. If the petitioners satisfy the respondents that they are the owners of the properties, the respondents shall not enter into the said property and make use of the same in any manner, without following due process of law. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.6328 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 10th MARCH, 2008 Note: issue operative portion by ‘wire’ at party’s costs. B/o kvni