THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.399 of 2008 Date: 11-02-2008 Between: 1.Arumilli China Subba Rao and 14 others. …Petitioners and 1.The District Collector, East Godavari District at Kakinada and 4 others. …Respondents THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.399 of 2008 Date: 11-02-2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the proposed action of the respondents in trying to dispossess the petitioners from the lawful possession and enjoyment of their respective lands in different survey numbers of Nagullanka-Manepalli and Mondepulanka Villages of P.Gannavaram Mandal, East Godavari District, by cutting and removing coconut and other fruit bearing trees situated therein under the guise of effecting repairs to the flood bank, without following due process of law as illegal and arbitrary. The petitioners claim that they are the absolute owners and possessors of various extents of lands situated in various survey numbers of Nagullanka-Manepalli and Mondepulanka Villages of P.Gannavaram Mandal, East Godavari District, and that they have grown coconut and other fruit bearing trees in those lands. The only grievance of the petitioners is that the respondents have made an attempt to cut and remove the coconut and other fruit bearing trees in their lands high handedly, without following due process of law, by digging the earth under the guise of attending repairs to the flood bank. The learned Government Pleader appearing for the respondents placed before this Court report in Ref.No.B/301/07, dated 29-01-2008, received by him from the second respondent- Tahsildar, P.Gannavaram, East Godavari District, stating that the Government of Andhra Pradesh has launched a programme of extension and raising of flood banks. Accordingly, the Executive Engineer, Godavari Head Works Division, Dowlaiswaram, has sent L.P.Schedules for acquisition of land admeasuring Ac.7-19 cents in Mondepulanka and Ac.17-79 cents in Nagullanka, Hamlet of Manepalli Village towards extension and raising of Vasista Godavari Left Flood Bank. It is further stated that the requisition department has conducted demarcation of the fields to arrive actual extent required for acquisition and that the Land Acquisition proposals are yet to be initiated. It is further stated that coconut trees belonging to the petitioners were not at all removed and that only after completion of the survey work, appropriate action will be taken for acquisition of the lands as per the Land Acquisition Act. The requisition department conducted Peg marking to identify the land required for acquisition. It is stated by the learned Counsel for the petitioners that even for conducting the enquiry, necessary notice has to be issued to the petitioners, but, without issuing any such notice, the respondents have high handedly entered into the lands of the petitioners and threatened them to dispossess. 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 or any other fruit bearing trees or dispossess the petitioners from their respective lands without following the due process of law. No order as to costs. ----------------------- (V.Eswaraiah, J) 11-02-2008 LUR