TASHI TSERING Vs. STATE OF J & K

JUDGEMENT

(1.) This petition is directed against the order of District Collector (Dy. Commissioner) Leh dtd. 20/8/2018 passed in a case titled Tashi Tsering v/s Angchuk Gyalpo, whereby the District Collector has ordered the bifurcation of the water reservoir by providing that private reservoir of the petitioners measuring 5 marlas shall be exclusively used by them, whereas the remaining water reservoir on the encroached State land measuring 1 kanal and 8 marlas shall be open to the use of villagers of Mohalla Mankhang pa. The facts giving rise to the filing of this petition briefly stated are:-

(2.) The petitioners, as is claimed by them, have built small reservoir for water harvesting on khasra no.2543 which is adjacent to Bandobasti reservoir. The petitioners approached the District Collector Leh with the complaint that the villagers led by respondent no.4 had been interfering with the exclusive right of user of the petitioners qua the aforesaid reservoir and, therefore, sought indulgence for the resolution of the dispute. The Dy. Commissioner, as it appears from the order impugned, summoned both the parties and heard their claims and counter claims. The Dy. Commissioner also sent for the report from the Tehsildar Leh. In his report, the Tehsildar stated that apart from the private land of the petitioners, the additional State land measuring 1 kanal and 8 marlas too had been brought within the extension of the reservoir increasing its size from 5 marlas to 1 kanal and 13 marlas. Considering all the facets of the dispute between the petitioners on one hand and the villagers of village Mankhang pa on the other hand, the District Collector resolved the dispute by providing that the existing reservoir would be bifurcated into two parts. The reservoir covering the area measuring 5 marlas owned and possessed by the petitioners shall be exclusively used by the petitioners, whereas, the rest of the area i.e, encroached State land measuring 1 kanal and 8 marlas shall be given to the villagers of Mohalla Mankhang pa to store water meant for irrigation. Accordingly, directions were issued to the Tehsildar Leh to proceed in the matter.

(3.) It is this order of the District Collector Leh dtd. 25/9/2018 the petitioners are aggrieved of. Learned counsel for the petitioners challenges the order impugned primarily on the ground that the District Collector Leh being revenue officer had no jurisdiction to pass orders qua the water bodies.