Hon'ble Prafulla C. Pant, J.-By means of this petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioners have sought writ in the nature of certiorari for quashing the order dated 11.11.2003 (Annexure 8 to the writ petition) passed by the District Magistrate. Tehri Garhwal in Water Dispute Appeal No.8 of 2003.

2. Brief facts of the case as narrated in the writ petition are that petitioner No.1, a member of Gram Panchayat of village Kot Bagi and petitioner No.2, a member of the Kshetra Panchayat of said village, are authorized by the Gram Sabha of the village to file this writ petition. The petitioners earlier filed a water dispute case before the Sub Divisional Magistrate, Tehri for injunction restraining the respondents from laying water pipeline from "Bhurn Gad", alleging that if permitted, it would adversely affect the drinking water supply of the villagers of village Kot Bagi. It is further alleged that there is acute shortage of drinking water in the village and at present the villagers are .setting water from said "Bhurn Gad" since 1994-95. The Sub Divisional Magistrate. Tehri initially passed the interim injunction on 13.5.2002 in the case riled by the petitioners but later-on on 17.7.2003 the interim order was vacated. The petitioners preferred an appeal against the order of the Sub Divisional Magistrate under Section 11 of the Kumaun and Garhwal Water (Collection. Retention and Distribution) Act, 1975 before the District Magistrate, Tehri Garhwal which was registered as Appeal No.8 of 2003. The said appeal was dismissed by the District Magistrate, Tehri Garhwal, aggrieved by which this petition has been filed by the petitioners on the ground that the District Magistrate wrongly accepted the inspection report of the Junior Engineer of respondent No. 1. It is further alleged that the impugned water scheme is being taken up in viola1ion of the Government Order No. 1891/Ne-2 Pa/2002 dated 3.8.2002 and also in violation of the letter No. 2994/Jal Sansthan meeting/15 dated 29.7.2002 signed by the Chief Engineer, Jal Nigam.

3. On behalf of the respondent No.1, a counter affidavit was filed in which it is stated that it is the duty of the answering respondent to supply water to a place where there is more scarcity of water. It is further stated that tapping of water from water source in "Bhurn Gad" is in accordance with law as the Assistant Engineer of Garhwal Jal Sansthan has given the report with reasons that it would not affect water supply to the village of the petitioners. Defending the orders of the Sub Divisional Magistrate.. Tehri and the District Magistrate, Tehri Garwal, it is stated in the counter affidavit that the tapping of water from village Bagon is being done in accordance with the Government Order dated 3.8.2002.

4. I heard learned counsel for the parties and perused the affidavit and counter affidavit alongwith the annexures annexed thereto.

5. The short question for consideration before this Court is, whether, the impugned order passed by the District Magistrate, Tehri Garhwal suffers from any illegality and is the water supply to the village of the petitioners is substantially affected by going ahead with the Bagon Pey Jal Yojna ?

6. It is very unfortunate that slowly the water sources of Uttaranchal in remote Himalayas are drying up due to ecological and other reasons. Learned counsel for the petitioners drew my attention to the report dated 31.5.2002 of Tehsildar, Dunda, District Uttarkashi. which is Annexure-3 to the writ petition. The relevant portion of the report is being reproduced as under:

The above report clearly shows that there is shortage of water supply particularly during summers in village Kot (which appears to be adjoining to village Bagi and both the villages have common Gram Panchayat with the name Kot Bagi). Mr. P.C. Jhingan, learned counsel for the petitioners drew my attention also to the copy of letter dated 11.9.2002 (Annexure-4 to the w