IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10633 of 2008 Between: 1 Chilluri Nookaraju, S/O. Chinna Apparao, Rambilli Mandal, Visakhapatnam District, 2 Koviri Suribabu, s/o. Musalaiah Rambilli Mandal, Visakhapatnam District 3 Ganagalla Appanna, S/o. Sathaiah r/o Kothapatnam village Rambilli Mandal, Visakhapatnam District. ..... PETITIONER(S) AND 1 The District Collector, Visakhapatnam Visakhapatnam District. 2 The Revenue Divisional Officer/ Land Acquisition Officer, Naval Alternative Operating Base Nasipatnam, Visakhapatnam District 3 The Assistant Director, Fisheries Department, Near Harbour, Visakhapatnam. 4 The Tahsildar, Rambilli Mandal, Rambilli; Visakhapatnam District. .....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 MAY be pleased to a writ, order or direction more particularly one in the nature or writ of Mandamus declaring the inaction of the respondents in not conducting the enquiry for identification of the eligible fisherman and deleting the ineligible persons of fisherman of Kothapatnam and Vadanarasapuram Villages for the purpose of implementing the Rehabilitation packages for acquiring and land of Kothapatnam and Vadanarsapuram villages including Sarada river for establishment of Naval Alternative Operating Base as illegal, arbitrary and consequently direct the respondents to conduct the enquiry for identification of the eligible fisherman and deleting the ineligible persons of fisherman of Kothapatnam and Vadanarasapuram villages for the purpose of implementing the Rehabilitation package for acquiring the land of Kothapatnam and Vadanarsapuram villages incuding Sarada river for establishment of Naval Alternative Operating Base and pass Counsel for the Petitioner:MR.V.V.N.NARAYANA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.10633 of 2008 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in not conducting the enquiry for identification of the eligible fisherman and deleting the names of ineligible fisherman of Kothapatnam and Vadanarasapuram villages in the beneficiaries list for the purpose of implementing the Rehabilitation package for acquiring the land of Kothapatnam and Vadanarsapuram villages including Sarada River for establishment of Naval Alternative Operating Base as illegal and arbitrary, and for a consequential direction. 2. The case of the petitioners is that the entire villagers of Kothapatnam and Vadanarasapuram villages are fisherman by community. The Indian Navy for establishment of Naval Alternative Operating Base (INS Kalinga and INS Dega) has made requisition to the Revenue Department for acquiring the land in Kothapatnam and Vadanarsauram villages. The second respondent-Revenue Divisional Officer/Land Acquisition Officer, Naval Alternative Operating Base Narsipatnam has acquired the land in the above villages including the land in Sarada River, the land acquired in the year 2005. Since all the villagers are fisherman by community and they are eking out their livelihood by fishing in Sarada River, the second respondent has constituted a committee consisting of the respondents 3 and 4 and also F.D.O., Atchuthapuram, for identification of beneficiaries, so as to pay the compensation and also for the purpose of implementing the Rehabilitation package. The above committee, without conducting any grama sabha and without consulting petitioners 1 and 2, who are the Sarpanch of Kothapatnam and Vadanarasapuram gram panchayats respectively, has included the names of fisherman according to their choice and, in pursuance of the same, the 3rd respondent has released the beneficiaries list in the month of October, 2006 wherein the names of eligible members were not included and also ineligible persons were included in the said list. By virtue of the said list, the rights of the eligible members in getting the benefits under rehabilitation package will be deprived, whereas the ineligible members who are not fisherman by community are the beneficiaries under the rehabilitation package. The petitioners 1 and 2, being the Sarpanch of Kothapatnam and Vadanarsapuram villages respectively, have submitted representations to the respondents on 25.4.2008, requesting to conduct an enquiry to delete the ineligible persons and include the eligible persons in the list prepared by the aforesaid committee. But, according to the petitioners, the said representations are not considered. 3. Heard the learned counsel for petitioners and respondents. 4. When the petitioners have made a representation to the respondents bringing to their notice the irregularities committed by the authorities in the process of identification of beneficiaries, it is for the respondents to consider the same. Therefore, without going into the merits of the case, the first and third respondents are directed to dispose of the representations filed by the petitioners within a period of two weeks from the date of receipt of a copy of this order. 5. With the above direction, the writ petition is disposed of. No order as to costs. ________________ G.CHANDRAIAH,J 7th May, 2008. Note: Furnish copy in two days. B/o PNV To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.10633 of 2008 7TH MAY, 2008