BHAGWAT PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed on behalf of certain villagers of Pothiya, Bora bazar and Birnjya, Police Station -Dhoriya in the district of Bhagalpur, presently Banka, for issuance of a writ of mandamus, commanding the respondents not to realise water rate tax from the land holders of these villages until and unless there is a proper notification, declaring such area within the command area of Laxmipur Akouric Dam, Branch Babura Canal.

(2.) GRIEVANCE is that the villages of these petitioners have not been included in Laxmipur Akouric Dam, Branch Babura Canal command nor any provision has been made for supply of water to irrigate their lands. But inspite of the aforesaid requirements, the authorities are arbitrarily realising water taxes.

(3.) LEARNED counsel appearing for the petitioners contended that no copy of notification or any document has been brought on record on behalf of the respondent to satisfy the Court that these villages have been included in the command area of the aforesaid canal. Therefore, simply on the basis of bald statement in the counter affidavit, it would not be proper to make the petitioners liable for payment of water tax.