D.B.CIVIL WRIT PETITION (PIL) NO. 6219/2006 Kana Ram v. State of Rajasthan & ors. Date of order : 25.04.2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE M.N. BHANDARI ... Mr. N.R.Choudhary for the petitioner Mr.G.R.Punia for respondent nos. 6 to 14 Mr. O.P.Boob, Dy. Govt. Advocate Heard learned counsel for the parties and considered the affidavits filed on behalf of the respondents. This PIL application was filed basically against certain encroachments made by the villagers in the catchment area. According to the case of the writ petitioner, the pond in question situate in village Beron ki Dhani, Gajsinghpura, District Jodhpur has been virtually captured by encroachers, and this being the only source of drinking water for the villagers and also for cattle of the locality, the State authorities failed to preserve this. Learned counsel submitted that the drinking water being the main concern of the State, it should be preserved at any rate and it is requirement of the public at large. According to the affidavit filed on behalf of the respondents, it appears that the State authorities have already taken steps for removal of encroachments under the provisions of Section 91 of the Rajasthan Land Revenue Act, and at the same time certain suits are pending in between the parties. In the affidavit filed on behalf of the State, it is mentioned that the pond in question is not the only source of drinking water. Rather, tube-wells have been - 2 - constructed under the Janta Jal Yojna which is being run and managed by village panchayat, and that is basically used for drinking water by the residents of the locality. It is also mentioned in the affidavit that the State authorities and the Panchayat Samiti have already ear-marked encroachments and necessary steps have been taken for removal of the same. In view of the statement made in the affidavit filed on behalf of the State, we are satisfied that sufficient steps/measures have been taken by the State authorities to preserve the pond in question and other sources of drinking water have also been provided by installing tube-wells. It is true that ponds which are used for drinking water and for use of the cattle must be preserved, particularly in the State of Rajasthan owing to water scarcity. After filing of this PIL it appears that the State authorities came in action and they have taken sufficient care to preserve the pond in question. In view of the circumstances referred to above, this matter need not proceed any more. This PIL application is accordingly consigned to records. (M. N. BHANDARI ) J. (NARAYAN ROY),C.J. mathur/