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2002 Supreme(Pat) 103

RAVI S.DHAVAN, SHASHANK KR.SINGH
Kamta Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The cause as was brought before the Court clearly related to inaction in planning of adequate waters not being available to villagers down-stream as it was contended on behalf of the petitioners that certain villagers up-stream had made an unplanned and irregular dam obstructing the flow of water to the villages. By the time the Court has issued a notice and had a report called from the District Magistrate it was discovered that the area fell within the jurisdiction of four Panchayats. This meant coordination on a meeting between the four Panchayats. Accordingly, the District Magistrate, Jehanabad was required to call a meeting of the four Mukhiyas heading the four Panchayats. A working plan which was hitherto missing for the area was drawn up. This matter was clearly covered under the Eleventh Schedule of the Constitution read with Article 243 G under Part V, the chapter on Panchayats Item no. 3 to the Eleventh Schedule mentions "minor irrigations, water management and watershade development". Between the Add. Advocate General II and learned counsel for the petitioner, both have stated upon instructions that the four Panchayats have come together and have taken care of





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