THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.28197 of 2009 ORDER: This writ petition is filed seeking to declare the action of the respondents in proceeding with the process of getting a canal (Yanadi Kaluva) dug through the petitioners’ private lands situated in R.S.No.44 (Old R.S.No.483) at Yellamanchili Village and Mandal, Visakhapatnam District, as illegal and arbitrary, and consequently to direct the respondents not to proceed with the same. Brief facts of the case are that the petitioners are permanent residents of Yellamanchili Village; that their father - Seetharamayya purchased an extent of Acs.2.84 1/3 cents of land situated in the above survey number from Smt. R. Jnana Prasunamba, under a registered sale deed dated 24.07.1967; that after death of their father in 1991, the petitioners inherited the property and since then they are in continuous and uninterrupted possession of the same and that the petitioners also obtained pattadar passbook and title deed in their favour on 17.03.2001. While so, on 12.12.2009, the staff of respondent Nos.2 to 4 highhandedly entered into the land of the petitioners and started digging the canal. Therefore, the petitioners approached this Court. While ordering notice before admission on 29.12.2009, this Court, by way of an interim relief, directed the respondents not to proceed with the process of getting the canal dug in the land in question. Though no counter-affidavit has been filed, today, the learned Government Pleader for Irrigation and Command Area Development, on instructions, submitted that except surveying the land in question, they did not dug any canal in it and that they will follow due process of law, in case the land in question is required for digging the canal. The submission of the learned Government Pleader is recorded. In view of the facts and circumstances of the case and, especially in view of the submission of the learned Government Pleader, it would suffice in the interests of justice to direct the respondents to follow due process of law if they require the land in question for the purpose of digging the canal. Accordingly, the writ petition is disposed of directing the respondents to follow due process of law in case the land in question is required for the purpose of digging the canal. There shall be no order as to costs. _______________________ N.V. RAMANA, J 08th July, 2010 GHN