IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.2413 of 2009 Between: 1 Menni Satyanarayana S/o. Rama Rao R/o. Nallajerla Village, Nalajerla Mandal, West Godavari District, Rep. by G.P.A. Holder Bikkina Varalaxmi W/o. Bhupati Rao, Aged 44 yrs, R/o. Nallajerla Village and Mandal, W. G. District. 2 Smt. Pathuri Tulasamma W?o. Narayudu R/o. Nallajerla Village, Nalajerla Mandal, West Godavari District, ..... PETITIONERS AND 1 The State of A.P. Rep by the District Collector, West Godavari at Eluru 2 The Special Deputy Collector & Land Acquisition Officer, Y.R. Project, Jangaredigudem, West Godavari District. 3 The Assistant Executive Engineer Section III, J..M. & I Sub Division, Y.P. Division, Irrigation Department, Jangareddigudem, West Godavari District. .....RESPONDENTS 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 a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in not following the guidelines issued in G.O.Ms.No.601 Revenue (LA) Department dt 19-6-1992 for payment of compensation to the fruit bearing trees i.e, 60 coconut and 40 cashewnut trees covered by Sy.No.994/2 of the 1st petitioner and for 41 coconut trees covered by Sy.Nos. 646/2B of the 2nd petitioner situated at Nallajerla Village and Mandal, West Godavari District as certified by respondent NO.3 and also to pass a supplementary award in respect of fruit bearing trees on par with supplementary award dt. 12-5-2005 passed by the 2nd respondent to the original Award No. 22/03 dt. 1-7-2003 and also in terms of the Judgment rendered in WP No. 16911 of 2005, dt. 7-7-2008 for payment of compensation towards fruit bearing trees in accordance with law to the petitioners. Counsel for the Petitioners:MR.A.V.SIVAIAH Counsel for the Respondents:GP FOR LAND ACQUISITION The Court made the following : ORDER: Heard both sides. It is represented that the issue that arises for consideration in this writ petition is squarely covered by order, dated 07.07.2008 passed by this Court in Writ Petition No.16911 of 2005. Therefore, this writ petition is also liable to be allowed in terms of the said order. In view of the above, this writ petition is also allowed and the respondents are directed to pass a supplementary award on the basis of the material available on record with reference to the existence of coconut and cashewnut trees. On an examination of the material, if it is found that there existed coconut and cashewnut trees, they shall assess their market value under the provisions of the Act and pass supplementary award, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. ________________ C.V.RAMULU, J 12th FEBRUARY, 2009 kvni