ORDER:

This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents in not disposing of the representation of the petitioner dated 18.08.2020 followed by legal notice dated 25.08.2020 and e-legal notice dated 21.01.2021, making a request for restoration of the irrigation channel (field channel) passing through R.S.No.379 of Pedamiram Village, Kalla Mandal, West Godavari District, as shown in the FMB and other revenue records, to supply irrigation water to his field to an extent of Ac.0.66 cents covered by R.S.No.380/5 by removing the obstructions, accumulation of sand silts, etc, as illegal and arbitrary.

2. The case of the petitioner is that he is a small farmer and absolute owner of land to an extent of Ac.0.66 cents covered by R.S.No.380/5 of Pedamiram Village, Kalla Mandal, West Godavari District, having purchased the same through a registered sale deed dated 30.05.2005. On the eastern side of his land, there is an irrigation channel (field channel) to irrigate the agriculture land to an extent of Ac.5.48 cents covered by R.S.No.380 of Pedamiram Village, which draws water from Undi river for last more than a century and the same was incorporated in the Field Measurement Book. When the part of said irrigation channel was closed and obliterated by the neighbouring ryots and also due to accumulation of silt, blocked the free-flow of irrigation water into his land, resulting which he is deprived of drawing irrigation water. Then, he made a representation on 18.08.2020 to the respondents with a request to take immediate steps for restoration of the said irrigation channel, but there is no response from them. Then, he got issued a legal notice dated 25.08.2020, whereupon the 6th respondent sent a letter dated 29.08.2020 to the 7th respondent requesting him to co-operate with the Mandal Deputy Surveyor of Kalla for restoration of the said irrigation channel. As there is no further action of restoration, he got issued e-legal notice dated 21.01.2021 to the respondents reiterating his request for restoration of the said irrigation channel. But, the respondents have not considered his representation till date. Assailing the said inaction of the respondents, the present writ petition is filed.

3. Learned counsel for the petitioner submits that as per the mandate of Andhra Pradesh (Andhra Area) Irrigation Works (Repairs, Improvement and Construction) Act, 1943 and Andhra Pradesh (Andhra Area) Irrigation Tanks (Improvement) Act, 1949 and Andhra Pradesh Farmers’ Management of Irrigation Systems Act, 1997 and the rules framed thereunder, it is the duty of the respondents to protect and preserve the irrigation canal systems and irrigation channels as the majority population depends on agriculture. The Hon’ble Apex Court in the case of M.C.Mehta Vs. Kamal Nath and others [(1997) 1 SCC 388] held that the State is the trustee of all natural resources which are by nature meant for public use and enjoyment. It also held that the State as a trustee is under a legal duty to protect the natural resources.

4. Learned Government Pleader for Irrigation, while reiterating the counter-affidavit filed by the 7th respondent, would submit that the Irrigation department has to provide irrigation water facilities to the registered ayacut upto the channel pipe take off point only and the continuation field channel is to be maintained by the ayacutdars themselves. The Government of Andhra Pradesh also issued consolidated orders in G.O.Ms.No.66, Command Area Development (I) Department, dated 23.09.1978, wherein it is stated that the maintenance of field channels in the chak (in the pipe outlet command area) including masonry should not be the responsibility of the Irrigation Department and shall be maintained by the farmers themselves. The necessary action has to be taken up by the authorities of the Revenue department for removal of obstructions if any. However, if the ayacutdars are come forward to rectify their field channe