ORDER :

1. Heard the learned Senior Counsel Sri B.Chandrasen Reddy for the Petitioner, G.P. for Panchayat Raj and the learned Government Pleader for Irrigation.

2. The Petitioner filed this petition seeking Writ of Mandamus with prayer is as follows:

“declaring the action of the Respondents No. 3 to 12 in not implementing the Proceedings No. EE/IB/MDK1556 dated 15.09.2020 issued by the nd Respondent is illegal, arbitrary, unconstitutional and in violation of Article 14 and 300-A of the Constitution of India and consequently direct the Respondents No. 3 to 12 to implement the Proceedings No. EE/IB/MDK/556 dated 15.09.2020 issued by the 2nd Respondent to streamline the excess course of water coming from Yellamma Tank of Manoharabad Village which is proceeding to Pedda Cheruvu of Ramaipally.”

3. Counter Affidavit filed by the Respondents No. 1 to 3, in particular, paras No. 9, 10 and 11 read as under:

“9. In reply to Para No. 8, it is humbly submitted that the 2nd respondent issued orders on 15.09.2020 to demarcate and to restore of the surplus channel and addressed a letter to he NHAI for construction of a new bridge in place of culvert which is not sufficient to discharge the excess water from Yellamma cheruvu.

10. In reply to Para No. 10, it is humbly submitted that, in monsoon and due to recent heavy rains in Manoharabad (V&M) the Yellamma cheruvu was filled with water upto Full tank level and there was heavy surplus water and that due to encroachment of the natural surplus course channel, the water is stagnating in the agricultural fields and not feeding the Ramaipally Pedda Cheruvu. That the answering respondents are taking steps to restore the same with due discussion with the encroachers and nearby farmers and following the due process of law.

11. In reply to Para 11, it is humbly submitted that no irrigation canal or surplus course channel shall be polluted by diverting the drainage water into those channels and it is the responsibility of the respective Gram Panchayats to divert the same and make the irrigation canal or surplus course channel free from pollution. It is pertinent to submit that the 3rd respondent is taking all possible steps to implement the orders of the 2nd respondent as stated above. That in course of restoration of the natural surplus course channel, the respondents herein require police aid and this Hon’ble Court may pleased to direct the police to provide protection during the process of restoration of natural surplus course channel from Yellamma cheruvu, Manoharabad to Pedda cheruvu Ramaipally.”

4. Counter Affidavit filed by the Respondent No. 12, in particular, para No. 8 reads as under:

“It is submitted that however, it appears that the nd respondent issued proceedings No. EE/IB/MDK/556, dated 15.09.2020 based on the memoirs, the section is worked out by discharge of surplus course of Yellamma Cheruvu to feed Pedda Cheruvu of Ramaipally for which worked out to lined canal is shown in the topo sheet based on the Google map and instructed the DEE, IB Division, Toopran to demark the surplus course from Yellamma Cheruvu, Manoharabad to feed Pedda Cheruvu of Ramaipally Village on the ground with the help of Sarpanch and EO of Manoharabad, and this answering respondent Gram Panchayat is also ready to cooperate for restoring the natural stream of surplus course from Yellamma Cheruvu.”

5. Counter Affidavit filed by the Respondent No. 10, in particular, para No. 8 reads as under:

“It is submitted that since the Irrigation Department is appropriate authority to give the particulars of the said natural stream of surplus course from Yellamma Cheruvu, it appears that the petitioner approached the nd respondent to clarify that if any feeder channel or flood channel is passing through the property of the petitioner to give NOC for making constructions/ development of the property belongs to the petitioner, and it appears the said representation was forwarded to the 3rd respondent Deputy Executive Engineer, who in turn su