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1966 Supreme(Bom) 32

D.V.PATEL, B.N.DESHMUKH
Atmaram Sadashiv Dongarwar and Ors. – Appellant
Versus
The State of Maharashtra. – Respondent


JUDGMENT - (1) This petition is filed by exproprietors and occupants of the agricultural lands within their Malguzari villages, seeking to challenge the orders issued by the respondents, calling upon them to execute the agreements under the Irrigation Act for supply of water to them out of a tank situate in Nawegaon.

(2) The short facts leading to the present dispute may be stated. Petitioners 1 to 8 are the ex-proprietors of mouza Nawegaon and also probably other villages. Petitioners 9 to 20 are residents of different villages under malguzars. They were cultivating the lands, in what capacity it is not necessary for us to state in this petition. In Nawegaon ion Khasra NO. 883/1 there is a huge lake or reservoir of water covering about 3,200 acres of land. Out of this lake the malguzars, it is alleged, were entitled to take water for their crops including sugar-cane crop and the present cultivators were entitled to take water for paddy crops. One Sadasheo out of these w as entitled to take water for sugarcane crop. This they were entitled to do free of charge. There was a liability on all these persons using water of the lake to maintain it in repairs. The petitioners malguzars wer

















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