ORDER :

Heard the learned Counsel for the Petitioners and the learned Government Pleader for Irrigation Department.

THE PRAYER SOUGHT FOR BY THE PETITIONER IN THE PRESENT WRIT PETITION IS AS FOLLOWS :

2. The Petitioners filed this petition to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents 2, 3 and 6 in taking the Canal through the lands of the Petitioners herein situated in Sy. No.s 519, 521, 538, 130 and 131 of Manoharabad Village and Mandal Medak District as illegal arbitrary and unfair and violative of Articles 14, 21 and 300-A of the Constitution of India and opposed to the principles of natural justice and consequently restrain the Respondents No.2 and 3 from laying the Canal through the lands of the Petitioners herein without following due process of law.

3. The Counter Affidavit filed by Respondents No.1 to 3 and the relevant paras 18, 19 and 20 are as follows :

Para 18 : It is humbly submitted that the National Highway authorities have constructed culverts bearing No. 449/1 (3 mts x 1.5 mts box culvert) as per the NH 4 lane manual, for the purpose of surplus course/catchment area water flow and it is open to both ends of NH, to flow natural streams. Further the National Highway authorities have constructed culverts bearing No. 448/2 & 448/3 (1.5 m x 1.5 m culverts) as per the NH 4 lane manual for the purpose of Highway storm water flow and are connected to NH parallel (0.75 mts) storm water lines, and these are not open culverts at both ends of NH. Hence 448/3 NH storm water culvert constructed in front of Sy. No. 119 is constructed only for NH storm water purpose, which is not sufficient for the flow of 66 Cumecs Yellamma Cheruvu surplus water discharge. That the Petitioner 1 & 2 lands in Sy No.s 521, 538 are located one side of the culvert & NH 44, and Petitioner 3 & 4 are own brothers and their lands in Sy. Nos. 130, 131 are located on the other side of the culvert & NH 44, which shows to prove that the presence of natural flow of water flowing under the culverts on National Highway 44 touching the petitioners lands at the above said Sy. No's which were pre existing.

Para 19 : That the 2 respondent issued proceedings No: EE/IB/MDK/556, dt: 15.09.2020 directing the respondent No. 3 to demark the surplus course from Yellamma Cheruvu to feed Pedda Cheruvu of Ramaipalli village as per the alignment shown in the topo sheet. As per the 2 respondent proceedings the 3" respondents taken steps with the help of Sarpanch and Executive Officer of Manoharabad village and completed the restoration of existing surplus channel (vaagu) near by the lands of the petitioner.

Para 20 : It is further humbly submitted that the discharge of the Yellamma cheruvu is 66.00 cumecs. That there is no new excavation of channel is undertaken and it is only a restoration and re-sectioning of existing surplus channel as per topo sheet No. 56K/5, about 30-meter width existing Weir, old channel up to SC Colony and existing National Highway 44 bridge is undertaken and completed. The said restoration and re-sectioning work was completed much prior to the filing of the present writ petition by the petitioners before this Hon'ble Court.

4. Additional Counter Affidavit filed by Respondent No.2 in W.P.No.24352 of 2020, in particular, Paras 2, 3, 4 and 5 read as follows :

Para 2 : The tanks Kuthakunta and Peddacheruvu in Jeedipally (V), Mogullacheruvu in Kucharam (V) form a series in the Upstream side of Yellammacheruvu and the Downstream link of chain of tanks consists of Peddacheruvu Ramaipalle (V) and Ooracheruvu in Imampur village of Toopran Mandal. The Government of Telangana has given utmost importance for the restoration for the chain of tanks under Mission Kakatiya programme. The above mentioned tanks Restoration has been done in Government prestigious programme of Mission Kakatiya. The Yellamma Cheruvu tank falls under HMDA limits.

Para 3 : There exists a natural surplus channel