THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5140 of 2010 Dated:11.03.2010 Between: Narra Sriram Murthy, And others. …Petitioners and The District Collector, Krishna District, Machilipatnam, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5140 of 2010 ORDER: The petitioners are residents of Guntupally Village of Ibrahimpatnam Mandal in Krishna District. Statedly, they own agricultural land in Survey Nos.194, 200, 201/1, 202/2, 205/1 and other survey numbers. It is their case that Gram Panchayat is laying a road from Railway Workshop to Gudurpadu Donka Road. According to them, if the road is constructed it would obstruct the drain water and might result in submergence of the petitioners’ agricultural lands. They alleged that the respondents did not initiate any action before taking up the road construction work, nor any notice was issued to them. The petitioners also alleged that the road is proposed in their patta lands without due process of law. In this Writ Petition they seek a writ of mandamus declaring the action of the respondents in laying down the road as illegal and arbitrary and violative of Articles 14, 19 and 300-A of the Constitution of India. Learned Assistant Government Pleader obtained instructions from the Tahsildar, Ibrahimpatnam. He has also placed before this Court the combined sketch showing the existing drainage canal and burial ground in R.S.Nos.184 and 185 of Guntupally Village of Ibrahimpatnam Mandal. As per the instructions he received, the petitioners also encroached upon a part of the pathway over the drain in Government poramboke, but no steps are being taken to evict them from the encroached area. It is also stated that if for any reason the encroached area is required for laying down the road, they will follow due process of law. In view of the categorical submission made by the learned Assistant Government Pleader that due process of law will be followed before laying the road, the Writ petition is accordingly disposed of. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 11.03.2010 vs