JUDGMENT

JASWANT SINGH, J.:— This appeal be certificate granted under Art. 133 (1) (c) of the Constitution by the High Court of Judicature at Bombay (Nagpur Bench) which is directed against its judgment and order dated July 5, 1967 in Special Civil Application No. 893 of 1965* raises an important question of law as to the right of the State to levy and collect water charges from the respondents under the central Provinces Irrigation Act, 1931 (Act No. III of 1931) for appropriation for irrigation purposes of water from Navegaon Bandh tank in Tehsil Sakoli, District Bhandara.

* Reported in AIR 1967 Bom 452.

2. The facts giving rise to this appeal are: As already indicated, there is in village Navegaon, Tehsil Sakoli, District Bhandara, which formed part of the erstwhile State of Madhya Pradesh, a very large reservoir of water called Navegaon Bandh Tank which is said to have been constructed some 300 years ago by one Kawdu Patel. The said tank which is over an area of land admeasuring nearly 3200 acres has, since the time of its construction, been the main source of supply of water to the rice and sugarcane growing areas of five villages viz. Mouza Navegaon, Deolgaon, Mungli, Yerandi a