DAMODAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners assailing the legality and validity of the order passed by the second, third and the fourth respondent dated 09. 04. 1994, 25. 04. 1997 and 29. 09. 1999 respectively, filed this petition.

(2.) THE facts in brief are that, the petitioners are the owners of Sy. Nos. 66 and 68 of Huttakhanda Village in Yallapur Taluk in Karwad District. 5th respondent herein is the owner of Sy. No. 69 of the said village which survey Number abuts Sy. No. 66 that belongs to the petitioners. It is the case of the petitioners that there are two tanks situated in Forest Sy. No. 116. Of the two tanks, one is smaller in size and the said tank is situate at slightly higher level and the other one which abuts the former is bigger as compared to the first one, which is situated at slightly lower level. Between the said tanks there is an opening in the bund. The water collected during the rainy season in the Tank which is situated at higher level flows towards the other tank and then the water from there goes to Sy. No. 68 belonging to the petitioners through a channel naturally formed since many years. The said Channel passes at the border of the tank situated at lower level. Both the petitioners and respondents are utilising this water for cultivation of their lands.

(3.) WHEN things stood thus, the 5th respondent, complained to the 4th respondent Assistant Commissioner stating that the petitioners have dug a trench on the border of the tank situated at lower level and that Sy. No. 69 is not getting water. On receipt of the said complaint, the 4th respondent conducted a spot inspection before passing the order. Taking into consideration the material on record, the 4th respondents on 09. 04. 1994 allowed the application filed by the 5th respondent, directing the petitioners to fill up the naturally formed channel lying at the border of the lower tank.