ORDER: ANIL KUMAR JUKANTI, J. This writ petition is filed with the following prayer: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2 nd respondent dated 31.05.2014 vide proceedings No.DCE (MI)/OT2-T3/1696/Sathupalli/09 is illegal, arbitrary and violative of Article 14, 300-A Constitution of India, Set aside the same and to pass…” 2. Heard Ms. S.Navyatha, learned amicus for petitioners, learned Assistant Government Pleader for Irrigation and Command Area Development, learned Assistant Government Pleader for Revenue and Government Pleader for Municipal Administration for respondents. 3. There was no representation on behalf of petitioners. This Court by docket order dated 23.10.2025 appointed Ms. S.Navyatha (a young budding lawyer) as amicus to assist the Court. Today, when the matter is called, there was no representation for petitioners. Learned amicus has made submissions. 4. It is submitted by learned amicus that petitioners are agriculturists and ayacutdars of Baithupalli Tank, Baithupalli Village, Sathupalli Mandal, Khammam District, that the said tank was constructed for the purpose of irrigation. That the water source to the tank is Mallepoolevagu, nearly ‘10’ lift irrigation schemes are said to be running on the said Mallepoolevagu. It is after the extraction of water under lift irrigation schemes, left over water is released to Baithupalli Tank, which irrigates about Ac.4,800.00 guntas of land. The said land pertains to ayacutdars of Baithupalli, Thumburu, Tallamada and Narayanapuram. That the agriculturists are duly paying the cist (tax) to the Government. 5. It is submitted that a tank by name Vesyakanthala Cheruvu is adjacent to the Sathupalli Nagar Panchayat and Baithupalli tank is situated at a distance of 6 km. and for the purpose of drinking water supply to Sathupalli Nagar Panchayat, water can always be utilized from Vesyakanthala Cheruvu. It is also submitted that a number of borewells are existing in and around Nagar Panchayat and corporate water factory is also operating on the borewells and water from borewells can always be utilized for drinking water supply to Sathupalli town. Instead of taking recourse to alternative supplies, respondent authorities without issuing notice to ayacutdars about the release of water for drinking purpose to the citizens of Sathupalli Town, respondent authorities issued proceedings dated 31.05.2014 and Memo dated 20.06.2014. 6. Instead of taking recourse to alternative supplies, respondent authorities without issuing notice to ayacutdars about the release of water for drinking purpose to the citizens of Sathupalli Town, respondent authorities issued proceedings dated 31.05.2014 and Memo dated 20.06.2014. 6. It is submitted that if permission is granted to the authorities to supply water from Baithupalli Tank, it would cause prejudice to petitioners and they would be put to loss, as no water would be available for their agricultural purposes. It is further submitted that as per the proceedings dated 31.05.2014, total utilization should not exceed 40.00 Mcft. by the pump sets which are designed to lift the water. It is contended that if Memo dated 20.06.2014 is allowed to operate, the rights of petitioners would be effected, thereby rendering their families penniless. Thus, impacting their occupation of agriculture. 7. On the other hand, learned Assistant Government Pleader for Irrigation for respondent Nos.1 to 6 submitted that as per Memo dated 31.05.2014 issued by Engineer-In-Chief drinking water is the top prior and that only 40 Mcft. of water is permitted to be drawn and the total utilization for the purpose of drinking water will not be exceeding 40 Mcft. It is further submitted that Vesyakanthala Cheruvu is situated adjacent to Sathupalli town, does not have the required capacity to supply water to the citizens of Sathupalli Nagar Panchayat, hence, supply of drinking water is a top priority. On the basis of G.O.Ms.No.37, the authorities decided to draw water from Baithupalli Tank, for the purpose of drinking water supply to citizens of Sathupalli town. Hence, there is no infirmity in the issuance of proceedings dated 31.05.2014 and Memo dated 20.06.2014. It is also submitted that as per Memo, the permitted water for drinking purpose is 40 Mcft. 8. Learned counsel for respondent No.9 submitted that a request was made on behalf of Nagar Panchayat by its Commissioner through the office of Collector, the office of Collector, on consideration of request, the urgent need and necessity of supply of drinking water, decided to request respondent authorities No.1 to 6 for supply of drinking water. 9. Heard learned amicus, learned counsels for respondents and perused the record. 10. It is not in dispute that petitioners are ayacutdars, irrigating their agricultural lands through the water released from the water of Baithupalli Tank for the purpose of irrigation. 9. Heard learned amicus, learned counsels for respondents and perused the record. 10. It is not in dispute that petitioners are ayacutdars, irrigating their agricultural lands through the water released from the water of Baithupalli Tank for the purpose of irrigation. Mallepoolevagu is the water source for Baithupalli Tank and ‘10’ lift irrigation schemes are running on the said Mallepoolevagu. Around Ac.4,800.00 guntas of agricultural land is under cultivation through the water of Baithupalli Tank. Ayacutdars of Baithupalli, Thumburu, Tallamada and Narayanapuram are benefited from the water source of Baithupalli Tank, for agricultural operations till January and after the completion of January month of every year, if water is available in the tank, the same will be released for drinking purpose to villages of Kandukuru, Bharanipadu of Vemsoor Mandal, Khammam District, under Rural Water Supply Scheme. Gross capacity of the Baithupalli Tank is 287.42 Mcft., live capacity is 281.34 Mcft., and dead storage is 6.08 Mcft. Contents of Memo, dated 20.06.2014, are as follows: “With reference to the above subject and reference's cited the design and drawing approved by Superintending Engineer, Public Health, Warangal are hereby vetted as requested for construction of intake well at Baithpally tank and arrangement of Jack-Pushing of 800MM dia MS pipes below the embankment through micro - tunneling techniques and communicated to the Executive Engineer, Irrigation Division, Khammam subject to the following conditions. 1. The permitted water of 40 Mcft is to be used for drinking purpose only. 2. The Ultimate capacity of the pumpsets should be erected to lift only the permitted water i.e. 0.1 mcft per day only subject to condition that the total utilization should not exceed 40mcft/per year. 3. CIDF sluice valve of 600 mm dia should be provided at the entry point of raw water drawal gravity main along with screw gearing shutters 2 No's to the openings provided to the intake well. 4. The control of sluices along with control of CIDF, Sluice valve are under Irrigation Department. The Gage register should be maintained by the Public health Department and should be produced as and when it is asked by the Irrigation Department officials to monitor the drawals from time to time. 5. 4. The control of sluices along with control of CIDF, Sluice valve are under Irrigation Department. The Gage register should be maintained by the Public health Department and should be produced as and when it is asked by the Irrigation Department officials to monitor the drawals from time to time. 5. The coffer dam which is laid during construction of intake well should be completely removed after constructions of intake well and the soil used for this coffer dam should be removed from the tank bed and obtain clearance from the Irrigation Department. 6. Construction should be done under the supervision of Irrigation Department and the instructions of Irrigation Department should strictly be followed.” 11. Prior to the issuance of Memo, proceedings dated 31.05.2014, were issued by Engineer-In-Chief. The following are the contents of proceedings, dated 31.05.2014: “As per the Powers delegated by the Government vide reference 2 nd cited and under the circumstances reported by the Superintending Engineer, Irrigation Circle Warangal the Hydrological clearance for "Drawing water for drinking purpose to sathupalli town from Large Tank Baithupalli, Baithupalli (v) of Sathupalli (m) of Khammam Dist to utilize 40.00 Mcft, of water, Thammileru Basin is accorded, subject to the following conditions: The Global Co ordinates are Longitude : 80°-54'-00", Latitude : 17°-13'-00" The conditions are: 1) The utilization is for Drinking water purpose only. 2) The upper riparian rights and lower riparian rights should not get affected up to end of the sub basin and end of the basin. 3) The ultimate capacity of the pump sets should not be kept/ designed to lift more than that of the permitted peak discharge i.e., 3.15 Cusecs only (subject to condition that the total utilization should not exceed 40.00 Mcft). The Public Health department has to furnish necessary designs & drawings as technically sanctioned by them and obtain approval from the Superintending Engineer, Irrigation Circle, Warangal, before installation of the pump sets.” 12. The Memo, read in consonance with the proceedings, makes it clear that priority is given for drinking water purpose and at the same time, rights of farmers agricultural operations are also considered on the condition that utilization of the water should not exceed 40 Mcft. per year. By any stretch of imagination, drinking water is a priority. It is not that the respondent authorities are permitting in excess of 40 Mcft. per year. By any stretch of imagination, drinking water is a priority. It is not that the respondent authorities are permitting in excess of 40 Mcft. The permitted utilization of water is arrived at by respondent authorities on the basis of the population, which is one of the major criteria (Sathupalli Nagar Panchayat), for consideration, while quantum of water to be extracted from Baithupalli Tank is being earmarked. On a perusal of the proceedings and Memo, it is apparent that 40 Mcft. of water is permitted to be used per year. This Court does not find any reasons to interfere with the proceedings issued. The Memo and proceedings are issued for the purpose of utilization of water per year. 13. The following are the written instructions received from Executive Engineer, I&CADD., Irrigation Division No.5 to the office of Government Pleader, dated 22.10.2025: “It is submitted that the Ayacutdars of large tank Bethupally Tank in Sathupally (M), Khammam District, have represented not to draw 40 Mcft of water from Bethupally Tank for the Sathupally Town Drinking Water Supply Scheme. Upon examination of the matter at various levels, it has been concluded and communicated by the Engineer-in-Chief (IW), Hyderabad, that: 1. The drinking water requirement for Sathupally town is of top priority as per G.O.Ms.No.37, dated 21.02.2009. 2. The total capacity of Vesyakonthala Cheruvu is only 22.74 Mcft, which is insufficient to meet the minimum drinking water requirement of 40 Mcft, hence the request to draw from Vesyakonthala Cheruvu is not feasible. 3. The Baithupally Tank alone has sufficient capacity and gravity flow facility from Mallepula Vagu stream to meet the drinking water requirement for Sathupally town. 4. The Engineer-in-Chief (IW) has, therefore, accorded permission to draw 40 Mcft of water from Large Tank Baithupally for the said purpose. 5. Consequently, the representation of the Ayacutdars opposing this drawl was examined and rejected by the Department. However, the Public Health Department has not yet undertaken further work on the scheme, which remains in a dormant condition. Now alternative arrangements for drinking water have been made for Sathupally Town; therefore, the plea of the farmers may not be valid." 14. In view of the written instructions and foregoing discussions, this Court is the opinion that no further adjudication is necessary in this matter. This Court appreciates the assistance rendered by the learned amicus. 15. With the above observations, Writ Petition is closed. In view of the written instructions and foregoing discussions, this Court is the opinion that no further adjudication is necessary in this matter. This Court appreciates the assistance rendered by the learned amicus. 15. With the above observations, Writ Petition is closed. No costs. Miscellaneous applications pending, if any, shall stand closed.