The petitioners lacked enforceable rights for water use, and complex facts required civil court resolution.

1. When the W. P. M. Ps. and the contempt case came up for hearing before me, the learned counsel for both parties addressed arguments on the main writ petition itself. As such the writ petition as well as the contempt case is being disposed of finally by this common order.

2. This is a writ petition seeking a writ of mandamus directing the respondents not to proceed with the proposed scheme for supply of water to the residents of Vizianagaram town pursuant to the tender notice dated 22-11-1996 issued by the second respondent and declare the same as arbitrary, unconstitutional and violative of Art.21 of the Constitution of India .

3. The writ petition is filed by three individuals allegedly for the benefit of about one lakh population covering 37 villages of three mandals of Vizianagaram district. The first petitioner is the Mandal President of S. Kota Mandal, Vizianagaram district whereas petitioners 2 and 3 are agriculturists belonging to Bonangi village. The petitioners claim to represent thousands of agriculturists belonging to the said 37 villages who cultivate their lands by means of borewells dug by them in the vicinity of the river Gosthani. It is alleged that an extent of about 1,00,000 acres is cultivated under the said borewells numbering about 10,000. Valuable crops like paddy, sugarcane and banana are raised in the said lands. The Government of Andhra Pradesh had formulated a scheme costing about twenty crores for supply of water to Vizianagaram town by sinking borewells in Gosthani river bed and constructing infiltration wells for which tenders were called for by issuing a notification dated 22-11-1996 by respondent No. 2. According to the petitioners, if the above scheme is implemented all the borewells of the riots in the said 37 villages will be dried up resulting in the very deprivation of their livelihood. The riots, therefore, made a representation to the Hon'ble Chief Minister on 3-3-1997 requesting the Government to desist from implementing the above scheme but there was no response to the said representation. On the other hand the tender notice dated 22-11-1996 was issued. Hence they filed the present writ petition seeking the reliefs mentioned above.

4. It is stated in the affidavit filed in support of the writ petition that there are several alternative sources for drawing the water to meet the requirements of Vizianagaram town such as Champavathi river and Andhra reservoir which are more convenient as they are nearer to Vizianagaram town than Gosthani river bed. It is stated that Sri Ashoka Gajapathi Raju, Hon'ble Minister for Finance, Government of Andhra Pradesh, who hails from Vizianagaram constituency is behind the sanction of the said scheme since it benefits the people of his constituency. The petitioners, however, state that they are not attributing any mala fides to the Hon'ble Minister but they contend that the sanction of the said scheme amounts to giving preferential treatment to the people of Vizianagaram which is not justified inasmuch as the said scheme, if implemented, results in drying up of 10,000 borewells of the agriculturists in the area depriving the very livelihood of the vast population of about 100000 people and driving them to virtual starvation.

5. To prove their case, the petitioners seek to place reliance on a report prepared by Sri K. Ramachandra Rao, retired Professor of Geology, Andhra University which is entitled "THE HYDROGEOLOGICAL SURVEY CON - DUCTED IN THE AYACUT AREA OF THE THATIPUDI RESERVOIR, VIZIANAGARAM DIST., ANDHRA PRADESH". An affidavit of the author of the said report is also filed by the petitioners as a third party affidavit.

6. Two counter - affidavits have been filed on behalf of t