THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31470 OF 2011 O R D E R: This writ petition is filed seeking issuance of Writ of Mandamus declaring the action of the respondents in attempting to dispossess the petitioners from a portion of the buildings bearing D.Nos.2/1020, 2/1019 and 2/1008 of Nagarajupet, Kadapa City, Y.S.R.District without following the due process of law as illegal and arbitrary and consequently direct the respondents not to dispossess the petitioners from the said premises. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are the owners and possessors of the aforementioned buildings having purchased the same under registered sale deeds. The respondents proposed to construct a protection wall along with Buggvanka Canal with a width of 80 meters in between the proposed walls and acquired certain properties under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) and the respondents constructed an over bridge contrary to the approved plan and started to take deviation to raise protection wall through the subject property without following the procedure envisaged under the Act. The proposed construction is contrary to the approved plan, wherein the width in between the two protection walls is fixed as 80 meters, which is evident from the information furnished by the Deputy Executive Engineer, Irrigation Sub-Division, Kadapa vide his letter, dated 06.04.2010, under the Right to Information Act, 2005 in response to an application submitted by one Mr.Jagadish Reddy. As per the deviated proposed construction, the width of the canal would be 96 meters instead of 80 meters, which is contrary to the approved plan. If the approved plan is adhered to by the respondents, the subject property would not at all be required to be taken possession by the respondents and even assuming that the subject property is required to be acquired by the respondents, they cannot do so without following the due process of law as envisaged under the Act. 3. Learned counsel appearing for the petitioners contended that the petitioners purchased the property in question under registered sale deeds; that the respondents are attempting to acquire the land for the purpose of construction of protection wall for Buggavanka Canal without following the due process of law and hence, prays to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the property in question. 4. On the other hand, learned Government Pleader appearing for respondent Nos.1, 3 and 4 contended that only after following the due process of law, action would be initiated for acquisition, in case the property of the petitioners is required for the purpose of construction of protection wall for Buggavanka Canal. 5. Learned Standing Counsel appearing for respondent No.2 also contended that the property of the petitioners would be acquired after following the due process of law, in case the property of the petitioners is required for the purpose of construction of protection wall for Buggavanka Canal. 6. The grievance of the petitioners is that without following the due process of law, the respondents are interfering with their peaceful possession and enjoyment of the property in question. The case of the petitioners is that they purchased the property in question under registered sale deeds and as such, the respondents have no authority to interfere with their peaceful possession and enjoyment of the buildings in question. In case the property of the petitioners is required for the purpose of construction of protection wall for Buggavanka Canal, the respondents have to follow the due procedure as contemplated under the Act. Without following the procedure as contemplated under the Act, the respondents are not supposed to interfere with the peaceful possession and enjoyment of the property of the petitioners. 7. Hence, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the property in question without following the due process of law. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 29th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31470 OF 2011 Date:29.11.2011 AMD