KISHUN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Avanish Kumar Singh, learned counsel for the petitioner, Mr. Mayanand Jha, learned A.P.P. for the State and Mr. Rajendra Prasad Singh, learned senior counsel for the opposite party no. 2.

(2.) THE present application is for quashing the order dated 13.3.2007 passed by the learned District & Sessions Judge, Rohtas at Sasaram in Criminal Revision No. 211 of 2005 whereby and whereunder he has set aside the order dated 3.8.2005 passed by the learned Sub -Divisional Magistrate, Dehri -on -sone in Case No. 415(M)/2002 declaring the petitioner's right of easement for draining water through plot no. 1072 and prohibited the opposite party no. 2 to 5 from interfering with the exercise of such right by making any obstruction over the same.

(3.) IT has further been stated in the petition that on the south -western corner of plot no. 1063, the drain turns towards south and, thereafter, it flows in between plot nos. 1064 and 1065 and on the western corner of plot no. 1065 it turns towards north and flows into plot no. 1072 which is the field of the opposite parties and, thereafter, goes towards the west in the field. This was the only source of flow of rain water as well as the drain water of all the houses existing on the aforementioned plots since time immemorial without any obstruction. The continuous flow of the 'Nali'finally out flowing in plot no. 1072 has given easementary as well as customary rights to the petitioner and the residents of the various plots mentioned above for discharging the water of the houses, Gali and Sehan in plot no. 1072, an open field.