JUDGMENT :

Dr. A.K.RATH, J.

1. State of Orissa and its functionaries are the appellants against an affirming judgment.

2. The plaintiffs-respondents filed the suit for permanent injunction restraining the defendants from raising the level of the bed and bund of the suit Jama Nala, transferring the same to the Irrigation Department from the Revenue Department and for certain ancillary reliefs. The case of the plaintiffs is that there is a hill stream starting from the mountain and forest near Hadichira village in ex2 Dharakote estate. The water channel runs from west to east up to the village Mahupadara and passes through the lands of several villagers including the plaintiffs’ village. From its starting point up to some distance, the stream is called as Nikiti Nala, whereafter the same is locally known as Jama Nala. The stream is in existence since time immemorial. The same is the source of irrigation of different villages including the lands of the plaintiffs’ village. The raiyats of the plaintiffs’ village have easementary rights to take water of the channel for irrigation. The channel passes through a culvert constructed over P.W.D. road running from Aska to Digapahandi. Some culve