RAM CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the order dated 28.4.78, passed by the sub divisional Magistrate, Bettiah, in a proceeding under Sec. 147 of the Code of Criminal Procedure, over the rignts of using water through a pyne. The learned Magistrate by order dated 29.4.78 has finally confirmed the right of the first party. The second party has filed this revision application against the said order.

(2.) The short facts are these ; The water running through river Thori, which emerges from Nepal' irrigates the lands of villages Ekwa and Parsoni under P. S. Gaunaha in the district of West Champeran. It appears that while the servant of Iswari Marwari (first party) was irrigating the field of his malik, SK. Shani and Istaiyan (member of the seond party) wanted to divert the flow of water to their village Parsauni through pynes no. 35 and 47. It was objected on behalf of the first party which led to a marpit. The matter was reported to the Police, who investigated the case. The S.I. of Police station Gaunaha reported serious apprehension of breach of peace, on the basis of which, Magistrate ordered the starting of a proceeding under Sec. 147 of the Code of Criminal Procedure and directed the parties to put in their respective claim in the court filing written statements.

(3.) The land of the petitioner lies in village Personi whereas of the opposite parties in village Ekwa. A Panchayati was held in the village and it was agreed upon between the parties that the villagers of Parsoni will take water at least once or twice a week to irrigate their fields. It is now alleged that the first party (respondent no.2) did not allow them to draw water by putting a bundh over it. it is relevant to mention here that the village Ekwa is on a high level and, therefore, it was essential to put a bundh over the pyne for storage of water in order to irrigate the fields. The villagers of Ekwa generally take water from payne no. 35. It has been stated that the people of village Parsoni are entiled to take surplus water which overflows the pyne, only after the fields of village Ekwa get irrigated and not otherwise.