IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4017 of 2008 Between: Tirumala Narayana Murthy and 21 others ..... PETITIONERS AND The Executive Engineer, Godavari Head Works, Dowlaiswaram, East Godavari District, and 4 others .....RESPONDENTS Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4017 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to declare the proposed action of the respondents in trying to dispossess the petitioners from their possession and enjoyment of lands, comprised in different survey numbers of Ramaraju Lanka, Malikipuram Mandal, East Godavari District by cutting and removing the coconut trees and other fruit bearing trees thereon under the guise of effecting repairs to the flood bank, without following due process of law, as illegal and arbitrary. Heard Sri Ch.Dhananjaya, learned counsel for the petitioners and learned Asst.Govt.Pleader for Irrigation and CAD. The petitioners claim that in order to make repairs to Godavari flood bank, the subordinates of the respondents are seeking to enter the lands and cut and remove the coconut trees and other fruit bearing trees situated thereon. The petitioners gave such an instance said to have taken place on 21.02.2008 and they seriously apprehend that if this court does not interdict to such an action, there is an imminent possibility of the respondents’ damaging the standing trees and digging the lands of the petitioners. Though this Court ordered notice on 26.02.2008, the learned Asst.Govt.Pleader for Irrigation reported no instructions. Though the petitioners have not filed any material to substantiate their allegation that the subordinates of the respondents are entering their lands, without following due process of law, in the absence of any denial by the respondents, it is presumed that the petitioners’ apprehension has basis. It needs no emphasis that the respondents cannot interfere with the property rights of the private parties without their consent or without following due process of law. Therefore, this Writ Petition is disposed of, with the direction to the respondents not to either themselves or permit their subordinates to interfere with the property rights of the petitioners, without following due process of law. Subject to the above observations, the Writ Petition is disposed of. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 03.03.2008 Dsr Note: Communicate the operative portion of the order by wire, at party’s costs. B/o Dsr