SECRETARY OF STATE FOR INDIA IN COUNCIL Vs. NRITYA GOPAL ADHIKARY
SECRETARY OF STATE FOR INDIA IN COUNCIL
NRITYA GOPAL ADHIKARY
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(1.) The plaintiffs, who are villagers cultivating lands on the banks of the river Banka sue the Secretary of State for India in Council in consequence of proceedings purporting to have been taken under the Bengal Irrigation Act (Bengal Act III of 1876), by which they have been prevented from erecting a bund on that river, so as to obtain water for irrigating their lands.
(2.) They ask for an order declaring that the defendant has no right under that Act to interfere with them, or to act in any manner, and that they are entitled by prescriptive right to erect this bandh. The Munsif has found all the issues in favour of plaintiffs, and has given the plaintiffs a decree and the appeal by the defendant has been dismissed.
(3.) In second appeal the defendant raises only the question whether he is not protected by the terms of the Bengal Act of 1876. Section 1 of that Act declares that the " Act shall take effect in those districts in the provinces subject to the Lieutenant-Governor of Bengal, to which the said Lieutenant-Governor shall extend it, by an order published in the Calcutta Gazette; and shall commence on the day which shall be in such order provided for the commencement thereof.";
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