SAWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order dated 11-12-1995 passed by learned Sessions Judge, Sirohi in Criminal Revision Petition No. 46 of 1995 setting aside an interlocutory order dated 8-11-1995 passed by the learned Executive Magistrate, Sirohi in proceedings under section 147 Cr. P.C.

(2.) Brief facts leading upto filing this revision petition, are that the petitioners purchased land of Khasra No. 748/2 whereas Khasra No. 748/1 which is adjacent to the aforesaid plot belongs to respondent Nos. 2 to 15. It is alleged that the petitioners were using the water of Tokra Bandh for the last 30 years for irrigational purposes of their Khasra No. 748/2 having a water channel from middle of Khasra No.748/ 1 belonging to respondent Nos. 2 to 15 and as such they have acquired easementry rights to irrigate their field from the water channel in question.

(3.) It is also alleged that respondent Nos. 2 to 15 are in habit of creating obstructions by breaking the water channel clue to which criminal proceedings were initiated against some of them for creating obstructions in the flow of irrigational water to the field of the petitioners and in that case, challan was filed by the police. Lateran, a compromise was entered into between the petitioners and respondents where latter gave assurances that in future they will not create obstructions in the flow of irrigational water to the field of the former. Irrespective of assurances given by respondents they have broken the water channel again by moving tractor over it and level of the water channel has been disturbed in such a manner that now reaching of irrigational water to the field of the petitioners is impossible.