CHAKRAPANI NAIK Vs. STATE

JUDGEMENT

(1.) THE petitioner stands convicted under Section 39 (1) of the Orissa Irrigation Act of 1959 (hereinafter referred to as the Act) and has been sentenced thereunder to pay a fine of Rs. 50/ - in default to undergo S. I. for seven days. He has also been ordered to remove the obstruction in question and repair the damage caused to the irrigation work by the petitioner.

(2.) THE prosecution case, in short, is that the petitioner unauthorisedly removed at a particular place the Bund of the Nala in question, alleged to be an irrigation work, and diverted the water of the said Nala by putting across Bund on survey plot No. 168 into the Pata lands of one Dandapani Naik of village Bankatira, as a result of which his lands were damaged due to sand coating on the same. The accused by the aforesaid act damaged the irrigation source and also caused considerable damage to the pata lands situated in that locality.

(3.) THE court below on a consideration of the evidence on record finds the prosecution allegations to be true, and convicted the petitioner as stated above.