THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33582 OF 2011 ORDER: This Writ Petition is filed seeking to issue mandamus declaring the action of the respondent authorities in threatening to acquire the lands of the petitioners in R.S.Nos.67,66/8C, 66/1,4,6 admeasuring Ac.3.88, 3.63, 2.25, 4.12, 6.25, 5.12, 1.87 ½, 4.00, 5.00, 3.12, 11.70 and Ac.5.30 cents situated at Koniki village, Pedapadu Mandal, West Godavari District for the purpose of widening of Budameru Drain without issuing any notice and initiating Land Acquisition Proceedings as illegal and arbitrary and consequently direct the respondent authorities not to proceed with the said work without following the procedure as prescribed under the Land Acquisition Act. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are residents of Koniki village and eking out their livelihood by doing cultivation. On 17-12-2011 the contractors who are attending to the extension work of Budameru Drain came to their lands and attempted to commence the work up to 40 meters into patta lands without issuing any notice and conducing survey and initiating Land Acquisition Proceedings and fixing compensation. If the work is completed, it is not known to the petitioners against whom they have to claim compensation. It is mandatory on the part of the respondent authorities to issue notice in writing, conduct survey, fix the boundary and acquire the required land by following the procedure as contemplated under Land Acquisition Act. Therefore, the action of the respondent authorities in widening the Budameru extending into private lands is neither legal nor lawful. Hence, the writ petition. 3. Learned counsel appearing for the petitioners contended that without issuing any notice, the respondents are trying to evict the petitioners from their respective lands and hence, he prays to issue a direction to the respondents. 4. On the other hand, learned Assistant Government Pleader for respondents contended that after following due procedure, the petitioners will be evicted from their respective lands and hence, he prays to dismiss the writ petition. 5. The petitioners claim to be the owners of the aforesaid lands situated in Koniki village. The apprehension of the petitioners is that the respondents are likely to evict the petitioners from their lands for the purpose of widening of Budameru Drain, without issuing any notice, conducting survey and fixing the boundary for the said purpose. The respondents cannot evict the petitioners except in accordance with law provided they have got right, title and interest over the property. 6. Therefore, the Writ Petition is disposed of directing the respondents to follow due process of law in evicting the petitioners from their lands, in case, the lands of the petitioners are required for the purpose of widening of Budameru Drain. No costs. --------------------- K.C.BHANU, J DATED: 26-12-2011 Hsd