IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4242 of 2005 Between: 1 Thurram Rajamma, W/o Peddabalu Dora, R/o Gandhinagaram, Rampachodavaram Mandal, East Godavari District. 2 Kunjam Bullemma, w/o Abbai dora, R/o Gandhinagaram, Rampachodavaram Mandal, East Godavari District. ..... PETITIONERS AND 1 The Commissioner of Tribal Welfare, Government of Andhra Pradesh, Damodar Sanjeevaiah Bhavan, Masab Tank, Hyderabad. 2 Government of Andhra Pradesh, Rep. by its Prl. Secretary, Tribal Welfare Department, Secretariat, Hyderabad. 3 The District Collector, East Godavari District, Kakinada. 4 Revenue Divisional Officer, Rampachodavaram, East Godavari District. 5 Project Officer, Integrated Tribal Development Agency (ITDA), Rampachodavaram, East Godavari District. 6 Superintendent Engineer, Irrigation Department, Dawaleswaram, Construction Circle, East Godavari District, Dowaleswaram, Rajahmundry. .....RESPONDENTS 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 issue a writ, or order or direction more particularly in the nature of Writ of mandamus declaring the action of the respondents in going ahead with the works pertaining to Bhupatipalem reservoir, Rampachodavaram Mandal, East Godavari District without implementing the conditions in G.O.Ms.No. 64 as well as procedure prescribed by the Union Ministry is illegal and unconstitutional and consequently direct the respondents to stop the works only after clearance obtained from the Union Ministry of Environment and the Gram Sabha and from the authorities mentioned in G.O. 64 and after making copy of permission available with all the Gram Sabhas of the effected villages and pass such order or other orders as deemed fit in the interest of justice. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4242 of 2005 ORDER: Learned counsel appearing for the petitioners submits that pursuant to the impugned G.O.Ms.No.64, dated 18-04-1990, the Rehabilitation plan has not been implemented in respect of displaced and dispossessed Tribals for the purpose of execution of irrigation projects, mining activities, industries, establishment of wild life sanctuaries etc., but afterwards they have been rehabilitated. Learned counsel appearing for the respondents submits that all the Tribals have been rehabilitated. However, both the learned counsel submits that in view of the several subsequent G.Os., providing rehabilitation to the Tribals, no orders are required to be passed in this writ petition. Accordingly, the writ petition is closed with liberty to the petitioners, if they have not rehabilitated, to pursue their remedy before appropriate Authority. There shall be no order as to costs. ___________ 26-03-2008 Prv ...... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}