HABIB GANAI AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioners have filed this writ petition in a representative capacity and have sought writ of mandamus commanding official respondents not to divert the water of Nowkhol, comprising survey No. 682 of village Kamrzai Pora and also be restrained from raising any construction of siphon and channel and also to stop the construction of siphon and channel, on the grounds taken in the writ petition.

(2.) Precisely the case of the petitioners is that they are residents of village Kamrzai Pora, District Pulwama and are owners of 32 kanals and 09 marlas situated in the said village, the description of which is given in the writ petition.

(3.) It is further contended that Nowkhol is a source of irrigation for petitioners' land and is used for irrigating the land of land owners of village Drubgam. That this Nowkohal as per Rewaj Aabpashi is existing from times immemorial and is emanating from Nalla Romshi and Nalla Kakar Raagi. Official respondents are trying to divert the said source and are trying to divert water at the cost of petitioners' rights and the same is affecting them badly.