IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 370 of 2008 Between: 1 Darla Uma Chidambareswara Papaiah Chari, S/o. Sambamurthy, Hindu, R/o. Razole, E.G. District. 2 B.V. Nagamani, rep by her GPA., B. Sitarambabu, S/o. Janakirama Rao, R/o. Razole, E.G. District. 3 B. Bhaskar, S/o. Suryanarayana, R/o. Razole, E.G. District. 4 M. Ramakrishna, S/o. Satyanarayana Murthy, R/o. Sompalli, Razole Mandal, E.G. District. ..... PETITIONER(S) AND 1 The District Collector, East Godavari District at Kakinada. 2 The Tasildar, Razole, East Godavari District. 3 The Superintendent Engineer, Godavari Head Works, Dowlaiswaram, East Godavari District. 4 Deputy Executive Engineer, Godavari Head Works, P. Gannavaram, East Godavari District. 5 Assistant Executive Engineer, Godavari Head Works, Razole, East Godavari 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 will be pleased to to issue Writ of Mandamus or any appropriate Writ Appeal declaring the proposed action of the respondents in trying to dispossess the petitioners from their lawful possession and enjoyment of the lands by cutting and removing coconut trees and other fruit bearing trees situated in their respective lands in S. No.4-3A; Ac.0.55 cents; Ac.0.58 cents situated at Sompalli village; S. No.3/3 Ac.2.81 cents; Sy. No.2/8 Ac.0.31 cents; Sy. No.2/3 Ac. 0.56 cents; Sy. No.2/6 Ac.0.93 cents situated at Sompalli village, Sy. No.39/3B, Ac.0.32 cents;S.No.39/1B;Ac.1.52 cents; Sy. No.38/3A/1, Ac.0.77 cents and Sy. No.38/2A/1, Ac.0.92 cents; situated at Podalada village;Sy. No.3/2 Ac.1.29 cents; Sy. No.3/1/A, Ac.1.12 cents; situated at Sompalli village respectively of Razole Mandal, East Godavari District, under the guise of effecting repairs to the flood bank without following due process of law as illegal, arbitrary and violative of principles of natural justice and for a consequential order directing the respondents and their subordinates not to dispossess the petitioners by cutting and removing the coconut trees and fruit bearing trees situated in the above mentioned their respective lands and to pass such other order or orders as this Hon'ble Court deems fit and proper. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 370 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the respondents in trying to dispossess the petitioners from their possession and enjoyment of the lands by cutting and removing coconut and other fruit bearing trees situate in their respective lands in Survey No.4-3A; Ac.0.55 cents; Ac.0.58 cents situated at Sompalli village; Survey No.3/3 Ac.2.81 cents; Survey. No.2/8 Ac.0.31 cents; Survey. No.2/3 Ac. 0.56 cents; Survey. No.2/6 Ac.0.93 cents situated at Sompalli village, Survey No.39/3B, Ac.0.32 cents;S.No.39/1B;Ac.1.52 cents; Survey No.38/3A/1, Ac.0.77 cents and Survey No.38/2A/1, Ac.0.92 cents; situated at Podalada village; Survey. No.3/2 Ac.1.29 cents; Survey. No.3/1/A, Ac.1.12 cents; situated at Sompalli village respectively of Razole Mandal, East Godavari District, as illegal. Today when the matter is taken up, learned counsel for petitioners submitted that the issue raised in the present writ petition is squarely covered by the orders passed by this Court in W.P. No.399 of 2008 dated 11.2.2008. Learned Assistant Government Pleader for Revenue admitted the same. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue and perused the orders passed in W.P. No. 399 of 2008 dated 11.2.2008. This Court in W.P. No. 399 of 2008 considered the similar issue and disposed of the writ petition by order dated 11.2.2008. The operative portion of order dated 11.2.2008 reads as under; “Admittedly, the petitioners have grown coconut and other fruit bearing trees in their lands and unless those lands are acquired under the due process of law, the respondents cannot dispossess the petitioners from their lands or cut the trees standing therein. Having regard to the same, the writ petition is disposed of directing the respondents not to remove/cut the coconut trees of any other fruit bearing trees or dispossess the petitioners from their respective lands without following the due process of law. No orders as to costs.” In the circumstances, following the orders passed in W.P. No. 399 of 2008 dated 11.2.2008, the present writ petition is disposed of directing the respondents not to remove/cut the coconut or any other fruit bearing trees or dispossess the petitioners from their respective lands, without following due process of law. No costs. ____________ N.V.RAMANA,J DATE: 4.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 370 of 2008 DATE: 4.3.2008 To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}