ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief :-

“…to issue an appropriate writ order or direction more particularly one in nature of Writ mandamus declare the inaction of the respondents No 2 and 3 to grant compensation to the members of the petitioners societies due to crop damage in Nilam Cyclone in 1.11.2012 to 4.11.2012 in respect of Agricultural land in an extent of Ac 212.51 cents in Sy.Nos. 127/1, 127/2, 126/1, 125/pt, 123/pt, 121/4, 123/pt, 127/7, 128/5, 128/8, 135/1, 136/1, 136/2pt, 127/4, 127/3, 126/2, 124/1, 122, 121/5, 125/pt, 127/8, 128/6, 135/2, 135/3, 127/5pt, 127/6, 126/3pt, 124/2, 121/2, 126/3pt, 127/5pt, 128/7, 135/4, 136/1, 141, 140/3, 130/2, 129/3, 128/1, 138/4, 182/4, 182/7, 140/5, 137/3, 137/6, 138/3, 136/2, 172/7, 140/1, 132, 129/2, 129/4, 128/2, 182/5, 182/8, 147/3, 137/4, 138/3, 133/4, 181/3, 172/6, 140/2, 130/1, 129/2, 129/5, 128/3, 182/6, 140/4, 137/2, 137/5, 138/2, 138/5, 181/2, 172/5, 183/2, 172/2, 170/2, 170/5, 169/1, 169/4, 168/2, 182/1, 178/pt, 176/2, 176/5, 180, 172/2, 172/3, 170/3, 171/1, 169/2, 169/5, 168/3, 182/2, 174, 176/2, 176/3, 181/1, 172/3, 170/1, 170/4, 171/2, 169/3, 168/1, 168/4, 182/3, 176/1, 176/4 of Thimmapuram Village, Kakinada Rural Mandal, East Godavari District, and the same is illegal, arbitrary and violative of G.O.Rt.No.147, Dt 08.05.2013 Revenue (DM.1) Department and consequently direct the respondents No.2 to 5 to pay crop damages to the members of the petitioners societies due to Nilam Cyclone according to G.O.Rt.No.147, Dated 8.5.2013 Revenue (DM.1) Department and pass such other order or orders…….”

2. Brief facts of the case are that the Government granted lease in favour of the petitioners societies in the year 1977. The petitioners societies are three consisting of 526 members and their members are in possession and enjoyment in an extent of Ac 212.51 cents in various survey numbers of Thimmapuram village. The lease orders granted initially one year and lease extended from time to time. However, the 2nd respondent cancelled lease on the ground that the said land is going to take over for construction of summer storage tank. Questioning the same, the petitioners have preferred writ petition before this Court and same was disposed of with a direction to file an appeal before the CCLA Hyderabad and in the meanwhile granted status quo. Accordingly, the petitioners preferred an appeal before the CCLA which is pending consideration

While the matter stood thus, the petitioners societies spent huge amount for cultivation, solving of paddy, seedlings, fertilizers and pesticides etc. in the month of November, 2012 (1-11-2012 to 4-11-2012) there was heavy cyclone which is called “Nilam” Cyclone in coastal districts, there was a total damaged agricultural crops in the East Godavari District also. The 2nd respondent has issued proceedings vide Ref.D4/2900/2012, dated 6.11.2012 stating that the Joint Director, Kakinada is requested to constitute village level, mandal level and divisional teams coordination with Sub Collector and the teams should enumerate crop damage particularly in transparent manner and prepare beneficiaries list, in 20 columns CDM proforma including the bank account and phone numbers of beneficiaries. Thereafter, the petitioners made representations to the respondents claiming compensation. But no action has been taken so far. Hence the present writ petition.

3. Counter affidavit is filed by the respondents No.3 and 4 denying all the allegations made in the petition and contended that some illegal transactions took place in the lease lands and the Joint Collector, East Godavari, Kakinada has conducted enquiry. Pursuant to the same, vide proceedings, dated 3.5.2007, the Collector, East Godavari District cancelled the lease orders originally granted by the then Tahsildar, Kakinada to the 3 societies in Ava Tank of Thimmapuram Village and also the individual lease orders granted by the then Mandal Revenue Office