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2016 Supreme(Ori) 308

VINEET SARAN, B.R.SARANGI
Chitta Ranjan Behera – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Mohanty, Sr. Advocate & M/s. S. Mishra, B. Mohanty, S.K. Samataray, D. Priyanka, and E. Agarwal, Advocates
For the Respondent:M/s Ashok Mohanty and S.K. Padhi, Sr. Advocates and M/s. A. Dey & B. Panigrahi, Advocates (For Intervenor-O.P.No.12). Mr. P.K. Muduli,
Addl. Standing Counsel (For O.P.Nos. 1 to 11)

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


















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