THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.4367 of 2008 ORAL ORDER: The petitioner seeks a declaration that the alleged inaction on the part of the 3rd respondent in taking steps pursuant to the proceedings of the 2nd respondent/District Panchayat Oﬃcer, Eluru, dated 28.01.2008, as arbitrary and illegal. A perusal of the said proceedings of the 2nd respondent addressed to the 3rd respondent/Revenue Divisional Oﬃcer, Eluru, shows that a representation was received from some of the residents of Bapulapadu village stating that a canal situated in the village by name Bangaruvani Kalava adjacent to the lands in R.S.Nos.89/1, 89/2, 84/1A, 1B, 1C, 4, 4A, 4B, 4C, 5A, 5C, 6B, 6D and 86/4 is being closed partly by formation of a road and requesting to take necessary steps, since once such road is formed the same would result in submergence of the adjacent lands. Alleging that in spite of the same, no further steps were taken by the 3rd respondent, this writ petition is filed. The Principal Secretary to Irrigation Department ﬁled a counter aﬃdavit on behalf of the 1st respondent stating that Bangaruvani Kalava is a surplus course of Jettivanikunta tank which also collects surplus drainage water from the adjacent ﬁelds and ﬁnally falls into supply channel of Mavulamma tank of Epuru village near railway track. The said Kalava is under encroachment by the adjacent land owners including the petitioner. The Water Users Association of Mavulamma tank has resolved to evict the encroachments and to restore the source to their tank and also to form an ayacut road. Accordingly, the VRO, Epuru and Mandal Surveyor, Pedapadu Mandal have demarcated the boundaries of Bangaruvani Kalva and laid boundary stones on the instructions of the Mandal Revenue Oﬃcer in accordance with the resolution passed by the Water Users Association, Mavulamma tank, Epuru. The Water Users Association of Mavulamma tank has also passed another resolution for revival of Bangaruvani Kalva at the cost of the beneﬁciaries. The beneﬁciaries are excavating the Kalva to a length of 636.40 metres from the Railway track. The allegation of the petitioner that the villagers were trying to lay a road covering the Bangaruvani Kalva and stopping the free ﬂow of rain water into the tank and out ﬂow of waste water from the agricultural lands is specifically denied. In the circumstances, the allegation of the petitioner appears to be unfounded. Therefore, mandamus as prayed for cannot be issued. If the petitioner is still aggrieved, it is for him to work out the appropriate common law remedy, since the matter involves several disputed questions of fact. Accordingly, the writ petition is disposed of. No costs. 07.08.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.4367 of 2008 Between: Alla Venkateswara Rao, S/o. Bapaiah, R/o. Bapulapadu, Hanam Junction, Krishna District. ..... PETITIONER AND 1 The State of AP rep by its Secretary, Irrigaton Department, Secretariat, Hyderabad. 2 The District Panchayat Officer, Eluru, West Godavari District. 3 The Revenue Divisional Officer, Eluru Division, Eluru, West Godavari District. 4 The Tahsildar Pedapadu Mandal, West Godavari District. 5 The Panchayat Secretary, Epuru Gram panchayat, Epuru, Pedapaud Mandal, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not taking steps pursuant to proceedings of the 2nd respondent vide Roc No. 398/2008 A1, Pts., dt. 28-1-2008 issued to the 3rd respondent and the consequential proceedings addressed to the 5th respondent as illegal, arbitrary, untenable and consequently direct the 3rd and 4th respondent to stop the laying of road over the Bangaruvani Kaluva, Epuru, Pedapadu Mandal, West Godavari District and pass Counsel for the Petitioner: Mr. G.TUHIN KUMAR Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. Mr. M. Prabhakara Rao; Government Pleader for Panchayat Raj & Rural Development Government Pleader for Revenue The Court made the following: