JANO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Plaintiffs are appellants. They filed Title Suit No. 16 of 1981 in representative capacity for permanent injunction restraining the defendants from realising any water rate from them.

(2.) According to them, defendants launched a scheme of village canal in plaintiffs village, Nongarh for irrigating agricultural lands. Under the scheme, a canal in the said village was to be constructed to connect it from the main canal at village Manjhway. Land Acquisition Proceeding for the said purpose was still pending. Neither lands were acquired nor any canal was constructed. No canal or distributory emanated from the main canal at village Manjhway up to village Nongarh, where irrigation of the lands depended upon rain water. There was no facility of irrigation through canal in the Lower Kuel Valley scheme, but defendant's subordinate staff forcibly and under threat realised water rate from the plaintiffs without any provision of irrigational facilities.

(3.) Defendant No. 1 in his written statement stated, inter alia, that village Nongarh was within the command area of Lower Kuel Valley Canal, which was constructed prior to 1959-60. Under the Provisions of Bengal Irrigation Act, sattas were taken from the cultivators and, accordingly, water was supplied to them since 1959-60 and water rate was being realised from them. However, for non-payment of water rate certificate proceedings were also started against cultivators of village Nongarh.