PARBAT JETHA AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Prabhat Jetha Ahir and others-petitioners (original plaintiffs) have filed this Civil Revision Application challenging the judgement and order dated 20.11.2000 passed by the learned Assistant Judge, Kachchh at Bhuj, in Civil Miscellaneous Application No. 62 of 2000 wherein the learned Judge was pleased to dismiss the appeal of the appellants. The learned Judge has thereby confirmed the judgement and order dated 15.7.2000 passed by Second Joint Civil Judge (Senior Division), Bhuj, below application Exh. 5 in Regular Civil Suit No. 133 of 2000 wherein the learned Judge was pleased to refuse the injunction prayed for by the plaintiffs below Exh. 5 and reject the said Exh. 5 application.

(2.) The facts giving rise to this application are as under:

(3.) Being aggrieved and dissatisfied with the said action as stated above, the plaintiffs have filed Civil Suit No. 133 of 2000 before the Civil Judge (S.D.), Kachchh. Along with the said suit the plaintiffs have also filed an interim injunction application Exh. 5. In the said suit as well as injunction application it was contended that action of respondent Nos. 1, 2 and 3 in deciding to supply water to village Bibbar is unjust and illegal and if the respondent authorities are not prevented from implementing the revised scheme to supply water to village Bibbar from Nirona Irrigation Scheme, irreparable loss will be caused to the plaintiffs. It was contended that action of respondent Nos. 1 to 3 being unjust and illegal and also against the public interest so also politically motivated, the plaintiffs have filed the suit for declaration and permanent injunction before the trial Court and prayed to declare that action of respondent Nos. 1 to 3 to construct canal on left hand bank of river Bharood on Nirona dam to supply water to village Bibbar by revising the scheme after more than 30 years is illegal and against the public interest and against the basic scheme of Nirona dam. The plaintiffs have also prayed for injunction against the respondents not to proceed with any activity in respect of advertisement published in daily edition of Kachchh Mitra dated 17.3.2000 and to prevent respondent Nos. 1 to 3 from constructing canal on left hand bank of Nirona dam.