IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 404 of 2008 Between: 1 K. Satyanarayana S/o late Veera Raghvulu R/o Manepally (V), P. Gannavram mandal, East Godavari District. 2 Ch. Venkatarao S/o Kondalrao R/o Manepally (V), P. Gannavaram mandal, East Godavari District. 3 P. Ratna Manikyam W/o Arjuna Rao R/o Manepally (V), P. Gannavram mandal, East Godavari District. 4 P. Subbalakshmi W/o Satyanarayana R/o Manepally (V), P. Gannavram mandal, East Godavari District. ..... PETITIONER(S) AND 1 The District Collector, East Godavari District at kakinada. 2 The Tahsildar, P. Gannavaram East Godavari District. 3 The Superintendent Engineer, Godavari Head Works, Dowlaiswam, 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 issue Writ of Mandamus or any appropriate Writ of Appeal declaring the proposed action ofthe respondents in trying to cut and remove the coconut trees of the petitioners by dispossess the petitioners from their lawful possession and enjoyment of the coconut trees and other fruit bearing trees sitauted at KM 7/4 to 7/6 KM., 7/6 to 7/8 KM 7/8 KM to 8/0 KM and 8/0 KM to 8/2 KM of flood bank situated at Manepally Village of P Gannavaram mandal, East Godavari District, having each petitioner 60 trees; respectively 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 theirsubordinates not to dispossess the petitioners by cutting and removing the coconut trees and fruit bearing trees situated in the abovementioned their respective lands and to pass such other order or roders as this Hon'ble Court may deem 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 SRI JUSTICE N.V. RAMANA Writ Petition No. 404 of 2008 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 situated at 7/4 KM to 7/6 KM., 7/6 KM to 7/8 KM, 7/8 KM to 8/0 KM and 8/0 KM to 8/2 KM of flood bank, Manepally village of P. Gannavaram Mandal, East Godavari District, under the guise of effecting repairs to the flood bank, without following the due process of law, as illegal and arbitrary. Today, when the matter is taken up, it is submitted by the learned counsel for the petitioners and admitted to by the learned Assistant Government Pleader for Revenue 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 11.02.2008. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue and perused the orders passed in W.P. No. 399 of 2008, dated 11.02.2008. This Court, in W.P. No. 399 of 2008, considered similar issue and disposed of the writ petition by order, dated 11.02.2008. The operative portion of the said order 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 or 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 11.02.2008, 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 the due process of law. No costs. ___________________ N.V. RAMANA, J. Date: 07.03.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}