GRAM PANCHAYAT KANAGALA Vs. KANAGALA GRAM RAJAKA

JUDGEMENT

(1.) THIS Court on 19. 9. 1997 made the following order in the second appeal.

(2.) HOWEVER, learned Counsel representing appellants-Gram Panchayat, represented by its Executive Officer and Sarpanch of gram Panchayat, Kanagala, would maintain that the only substantial question of law which would arise for consideration in this second appeal is as hereunder:

(3.) SRI Deepak Bhattacharjee, learned counsel representing the first respondent would maintain that the stand taken by the Gram Panchayat that the tank is being set apart for drinking purpose is not a sustainable stand for the reason that the said water is not useful for drinking purposes at all. The Counsel also would submit that in the light of Exs. A. 2 and A. 4 the burden is on the Gram Panchayat concerned to establish that the said proceedings were not acted upon. Further, the learned Counsel would maintain that in the light of G. O. M. S. No. 343, dated 10th April 1978 in general and Rule 3 specified thereunder in particular, inasmuch as first respondent-plaintiff is having enforceable legal right, the appellate Court arrived at the correct conclusion and even otherwise whether the proceedings Exs. A. 2 and A. 4 in fact had been acted upon or not being predominantly a question of fact, the findings recorded by the appellate Court in this regard normally not to be disturbed and even otherwise inasmuch as the question of law pointed out by the learned Counsel representing the appellants being not a substantial question of law, the second appeal to be dismissed. Ultimately, the learned Counsel would conclude that even otherwise, especially, in the light of the order made in CMP no. 19093 of 1997 in CMP No. 14101 of 1997 in SA No. 718 of 1997 wherein the present second respondent had been impleaded certain factual controversies may have to be gone into and if need be further evidence to be let in and hence it would be just and proper to make an order of remand in the event of this Court not accepting with his contentions to the effect that the second appeal to be dismissed.