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 GOPALA KRISHNA TAMADA WRIT PETITION No.4810 of 2008 Between: 1 Kadali Veera Venkata Satyanarayana, S/o. Rama Murthy, R/o. Vadarevupalli, P. Gannavaram Mandal, East Godavari District 2 Kadali Anantha Laxmi, W/o. Veera Venkata Satyanarayana, R/o. Vadarevupalli, P. Gannavaram Mandal, East Godavari District 3 Bondada Nagami, W/o. Gangadhar, R/o. P. Gannavaram Mandal, East Godavari District 4 Arigela Suryanarayana, S/o. Krishna Murthy, R/o. P. Gannavaram Mandal, East Godavari District 5 Rudraa Vani Kumari, W/o. Venkata Ratnam, R/o. P. Gannavaram Mandal, East Godavari District 6 Addagalla Pulla Rao, S/o. Narayana Murthy, R/o. P. Gannavaram Mandal, East Godavari District ..... PETITIONER(S) AND 1 The District Collector, East Godavari District, At Kakinada. 2 Tahsildar, P. Gannavaram Mandal, East Godavari District. 3 Asst. 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action the respondents in interfering with the peaceful possession and enjoyment of the property of the petitioners respectively for an extent of Ac. 3.19 cents in Sy.Nos. 155, 156, 157 and its sub Division of the petitioners 1 & 2 and Ac. 2.00 cents in Sy.NO. 155 and its sub division of the 3rd petitioner and an extent of Ac. 1.60 cents in Sy No. 157/4, 158/1&2 of the 4th petitioner and an extent of Ac. 1.49 cents in Sy.No. 162/2 & 163/1 of the 5th petitioner and an extent of Ac. 2.50 cents in Sy.No. 159/3& 161/1 of the 6th petitioner situated at Vadrevupalli and P. Gannavaram Villages of P. Gannavaram Mandal, East Godavari District without recourse to law as illegal, arbitrary and violative of principles of natural justice and consequently directing the respondents not to dispossess from the respective properties or middle with the same in any respect by removing the trees etc. Counsel for the Petitioner:MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4810 of 2008 O R D E R The petitioners approached this Court and filed the present writ petition with the following prayer: “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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action the respondents in interfering with the peaceful possession and enjoyment of the property of the petitioners respectively for an extent of Ac. 3.19 cents in Sy.Nos. 155, 156, 157 and its sub Division of the petitioners 1 & 2 and Ac. 2.00 cents in Sy.NO. 155 and its sub division of the 3rd petitioner and an extent of Ac. 1.60 cents in Sy No. 157/4, 158/1&2 of the 4th petitioner and an extent of Ac. 1.49 cents in Sy.No. 162/2 & 163/1 of the 5th petitioner and an extent of Ac. 2.50 cents in Sy.No. 159/3& 161/1 of the 6th petitioner situated at Vadrevupalli and P. Gannavaram Villages of P. Gannavaram Mandal, East Godavari District without recourse to law as illegal, arbitrary and violative of principles of natural justice and consequently directing the respondents not to dispossess from the respective properties or middle with the same in any respect by removing the trees etc.” Heard both the counsel. On instructions, the learned Government Pleader for Revenue (Land Acquisition), submits that without following due process of law, the petitioners will not be dispossessed. In the light of the statement made by the learned Government Pleader and in view of the fact that similar writ petitions were already disposed of by this Court, this writ petition is also disposed of with a direction to the respondents not to dispossess the petitioners without following due process under law and evict the petitioners from the land in question. There shall be no order as to costs. --------------------------------------- GOPALA KRISHNA TAMADA,J 7th MARCH, 2008 Note: Issue copy in two days. (B/O)PGS To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4810 of 2008 7th MARCH, 2008