SBCWP NO.6208/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6208/2007. Bhupendra @ Bhipesh Vs. Shiv Kumar & Ors. Date of Order : 16/1/2008. PRESENT HON'BLE MR.JUSTICE M.N. BHANDARI Shri Umar Bahadur for the petitioner. Shri Sanjay Sharma for the respondents. **** BY THE COURT:- Heard learned counsel for the parties. 2) The petitioner has preferred this writ petition against the order passed by the court below whereby the injunction granted by the trial court against them is then upheld in appeal and by virtue of these two orders, the petitioner is unable to take stagnated water for his land which is lying close to the field. The only ground raised by the petitioner is that he was using the water for last several years. 3) Learned counsel for the respondents submits that the water used by the petitioner is not proper rather use of stale and dirty water give foul smell in the area apart from pollution therefore, after SBCWP NO.6208/07. 2 taking Commissioner report, the necessary injunction order was passed and in that regard, learned counsel for the respondents drawn my attention to the order passed by the appellate court where a finding has been recorded that as per the report of the Commissioner, the water is not usable and is causing foul smell in the area moreso when petitioner is not using the filter plant for cleaning the water. Learned counsel for the respondents submits that use of such water may cause environmental problems and otherwise any crop taken from such stale dirty water may cause disease. 4) During the course of arguments, learned counsel for the petitioner submitted that they have already placed filter plant at the place from where they were taking water. It is thus prayed that they should be permitted to use the water. 5) I have considered the rival submissions of the parties and perused the record of the courts below. 6) In view of the finding recorded by the courts below, I do not find any error therein because water which is not otherwise usable for any purpose, cannot be permitted to use by the petitioner for SBCWP NO.6208/07. 3 their crop moreso when it is giving foul smell in the area and causing problem to the non-petitioner also and there is a finding to the effect that petitioner has not placed filter plant for cleaning of the water before it is being used. It may cause environmental problem and otherwise crop taken from such water may cause disease. 7) In view of above, I find no error in the orders of the courts below, thereby the injunction order passed by the courts below are upheld. However, liberty is given to the petitioner to submit proper application for seeking any relief if same is available under the law taking note of the subsequent events which includes placing the filter plant at the area concerned. With the observation made above, the writ petition is dismissed. (M.N. BHANDARI), J. anil