( 1 ) AS a prologue to this judgment, we may say that notwithstanding the doctrine of judicial Restraint and considerations of justiciability of the issues involved in this case, as a Constitutional court, entrusted with the solemn duty to prevent infringement of fundamental rights and human rights, we have heard the learned Counsel for the appellants for a considerable length of time. The reason is that, judicial activism propels us into the arena of prohibited area, though realszation is subliminal in judicial mind that our greatest weakness is our unbounded strength gushing out from Article 226 of the constitution of India.

( 2 ) THE unsuccessful petitioners in the writ petition are the appellants before us. The writ petition filed by them pro bono publico met the waterloo at the threshold. The learned single Judge dismissed the writ petition (reported in 2000 (3) ALD 182) taking a view that the situation on hand is not a judicially manageable one, and that the Court is not properly equipped to adjudicate the lis concerning the release of water from an irrigation project for the second Rabi crop mainly in Nellore District. Facts are not in dispute; but