Sri B Narayana Bhat vs Alike Grama Panchayats and The Adhyaksha Bantwal Taluk Panchayat

A.S. Bopanna, J.—The petitioner is before Court seeking for issue of writ of certiorari to quash the order dated 06.04.2010 in Appeal No. 1/09-10 passed by the Adhyaksha of the Taluk Panchayat, Bantwal. The said order is impugned at Annexure-A to the petition. The petitioner claims to be the owner of land in Sy. No. 370/2 measuring 8 acres 39 cents situate at Alike Village, Bantwal Taluk, along with other lands. The land bearing Sy. No. 376 is stated to be adjacent land belonging to the Government which measures 74 acres 12 cents. In the said land belonging to the Government, a bore-well has been sunk. The grievance of the petitioner is that the tank constructed by the petitioner in his land would be affected inasmuch as the storage in the said tank would be depleted and he would not be able to store water for his agricultural purpose.

In that context, the petitioner was before the Taluk Panchayat, Bantwal, in an appeal bearing No. 1/2010. The Taluk Panchayat after considering the grievance put forth by the petitioner had by its order 30.03.2010 restrained the drawing of water from the bore-well. The said order passed by the Taluk Panchayat is said to have been sent for the approval of the Zilla Panchayat. When this was the position, the impugned order dated 06.04.2010 in Appeal bearing No. 1/09-10 was passed. By the said order, the Taluk Panchayat has stayed its earlier order dated 30.03.2010. The effect of the instant order which has been impugned herein is that the villagers can draw water from the bore-well which has been sunk in the Government land which is adjacent to the land belonging to the petitioner. In that context, the petitioner is aggrieved.

Learned counsel for the respondents seeks to justify the order passed by the Panchayat on the ground that there is acute shortage of drinking water in that area and therefore it is for that purpose, the bore-well had been sunk in the Government land and if the drawing of water is prevented, the villagers would be put to great difficulty. In that context, it is contended that the Taluk Panchayat had taken note of the situation and the order dated 06.04.2010 is passed.

In the light of the rival contentions which have been urged, a perusal of the order at Annexure-B would indicate that the Taluk Panchayat had entertained the appeal which had been filed by the petitioner herein and on assessing the same on merits had allowed the appeal of the petitioner. Thus, restrained the drawing of water from the bore-well which had been sunk in Sy. No. 376 which is Government land adjacent to the property of the petitioner. The said order in any case would have to be approved or suspended by the Zilla Panchayat. As per petition averments, the same is said to have been sent to the Zilla Panchayat for the said purpose and the same has not been acted upon. However, in the meanwhile, since the order dated 06.04.2010 was passed by the Taluk Panchayat that too unilaterally without opportunity to the petitioner, the order in fact would not be sustainable. However, the question which would further arise for consideration is that even in such circumstance, whether it is appropriate for this Court to quash the said order at this juncture.

To decide this aspect of the matter, a perusal of the order sheet in this petition would disclose that the instant petition is filed as far back as on 12.04.2010 and notice was issued to the respondents on 16.04.2010. The order impugned dated 06.04.2010 had not been stayed by this Court and therefore the same has remained in operation for more than 21/2 years. In such situation, the villagers would have had the benefit of the water from the bore-well. Therefore, I see no reason to quash the order at this juncture. However, having already noticed that the Taluk Panchayat unilaterally passed the said orders, liberty is to be given to the petitioner to re-approach the Taluk Panchayat seeking for vacation of the order which is passed in the nature of an interim order. Even if the Taluk Panchayat is seeking to review its earlier order, the jurisdiction to entertain such proceedings would also be assailed by the petitioner and on such consideration, the Taluk Panchayat shall pass fresh orders as to whether it could entertain such proceedings when the earlier order has already been sent for the approval of the Zilla Panchayat. In the meanwhile, it would also be open for the Zilla Panchayat to consider the correctness of the orders passed by the Taluk Panchayat.

Reserving such liberty to the petitioner, this petition stands disposed of. No costs.