Litigants must approach the court with clean hands and a clean mind, and the judicial process should not be abused or used for personal gain.

JUDGMENT :

Dr. B.R. Sarangi, J.

Petitioners, who are residents of village Sanamunda, have filed this writ petition in the nature of public interest litigation to quash the inquiry report dated 03.07.2013 vide Annexure-1 and further seeks for a direction to the opposite parties not to raise any embankment in Satrusagar Tank/Multi Irrigation Project (MIP).

2. The factual matrix of the case in hand is that the Satrusagara tank covering an area of about Ac.12.00 is existing in the village Sanamunda under the Kantamili Gram Panchayat in the district of Dhenkanal from time immemorial. It is a hilly area having no other water source. The only source of income of almost all the villagers being agriculture, about 200 years ago the ex-ruler, for the benefit of his subjects (villagers), dug out the said tank with a view to making the water available for all purposes. The villagers are using the tank for the purpose of irrigation, drinking and washing. Besides the villagers of Sanamunda, other three to four villagers also depend upon the said tank water. Originally, the tank was under the control of the ex-ruler, whose name was recorded in 1910 settlement, and the same was pertaining to one plot bearing Sabik Plot No. 1989 under Mouza Sanamunda. After the estate was abolished in or about 1958, the State Government became the owner of the said Satrusagar Tank. The dispute started, when in 1965 settlement the said tank was recorded, as Plot No. 1562, Khata No. 166 measuring Ac.7.23 dec., in the name of village Sanamunda, and Plot No. 512, Khata No. 100 measuring Ac. 4.45 dec., in the name of village Jharabeda, which are two adjoining villages in Hindol block in the district of Dhenkanal. Though such recording was erroneous one, as alleged, but major chunk of area stands in the name of village Sanamunda, whereas smaller chunk of area was recorded in the name of village Jharabeda. In any case, residents of both the villages share the water of Satrusagar Tank. The said tank/MIP caters to the need of two villages. Pursuant to such settlement recording of 1965, Satrusagar MIP has been allocated to Sanamunda village, whereas Satrusagar tank has been allocated to Jharabeda village. The tank which has been allocated to Jharabeda village is perennially without water as the level of part of the tank, is at much higher level vis-à-vis the level of the tank at the site of Sanamunda village. Thus, all the water flows down to the side of Sanamunda village, as there is no embankment to provide minimum water level for the Jharabeda village. The villagers of Sanamunda had approached this Court by filing OJC No. 6151 of 1997 in the nature of public interest litigation, challenging the proposed action of raising embankment over Sanamunda Satrusagar MIP, which was disposed of on 31.07.1997 with direction that the authority shall not raise any embankment by dividing the above project into two parts so as to interfere with the irrigation rights. The Gram Panchyat was also directed not to put the project to auction for the purpose of pisciculture. Pursuant to such direction of this Court, the dispute was resolved permanently and the villagers of both the villages were using the said tank water for all necessary purposes. But, the villagers of Jharabeda created dispute by raising an embankment in the tank at the boundary line of village Jharabeda and Sanamunda. Aggrieved by such action of the villagers of Jharabeda, the villagers of Sanamunda raised a complaint before the Sub-Collector, Hindol and Inspector-in-charge, Balimi for necessary action. Pursuant to such complaint of the villagers of village Sanamunda, a meeting was convened to resolve the dispute amicably. Accordingly, with an agreement of both the villagers, it was decided on 27.04.2012 not to raise any embankment in the pond and not to create any disturbance over use of pond water by restricting/prohibiting the others. The Satrusagar tank allocated to Jharabeda village is under the control of Panchayati R