Bhaskar Bhattacharya, J. - (1.) This mandamus appeal is at the instance of the writ petitioners and is directed against order dated 19th April, 2005 passed by a learned Single Judge of this Court by which His Lordship disposed of the writ application filed by the appellants by directing the Secretary, Irrigation and Waterways Department, Government of West Bengal to take necessary step for repairing the sluice-gate in question at an early date and at any rate, before 8th June, 2005. By the said order His Lordship further directed the said Secretary of the Government of West Bengal to provide necessary fund in this regard so that the maintenance and repairing works of the sluice-gate in question were not delayed in any circumstances.
(2.) Being dissatisfied, the writ petitioners have come up with the present mandamus appeal.
(3.) The case made out by the appellants in their writ application may be summed up thus: "(a) The writ petitioner No. 1 is a bona fide bargadar in respect of the land mentioned in paragraph 2 of the application which he took from the concerned Gram Panchayat and the other petitioners physically held possession and cultivated their lands mentioned in the said paragraph as owner and raiyat. (b) The river "Vidyadhari" situated on the northern side of the petitioners' land and the public water-channel locally known as "Kumarjole Khal" or "Kali Khal" and its public embankment are situated on the southern side of the petitioners' paddy land and the said water-channel runs by the side of the petitioners' paddy land. (c) The high-efflux river Vidyadhari flows to the north of Ghusighata Concrete Bridge maintained by Public Works Road Department, Government of West Bengal and situated on the Calcutta-Basanti Highway and close to Ghusighata Bazar under Minakhan Police Station, District North 24-Parganas. (d) A four-vent sluice-gate has been set up by the respondent Nos.2 to 5 and 14 being the Irrigation Department of the Government of West Bengal on the said effluent river, about 130 yards from the said concrete bridge of Ghusighata for the purpose of regulating the outlet of the saline water of the river Vidyadhari. The Irrigation Department also maintained a wide channel known as "Kumarjole Khal" and/or "Kali Khal" with high embankment which starts from the southern-side of the said four-vent sluice-gate near the Ghusighata Concrete Bridge. (e) The said water-channel with high embankment flows through the Tentultala, Laugachiabad, Jhikra Mouzas and other neighbouring villages in order to stream-line the effux of the reverine saline water drained through the said four-vent sluice-gate so that the saline water might not cause harm to or inundate the agricultural land of the Mouzas Tentultala. Laugachiabad, Jhikra, etc. and neighbouring villages. (f) Some unscrupulous persons, in the middle of the month of November, 2004, had motivatedly unlocked and dismantled the aforesaid four-vent sluice-gate which is situated 120 yards from the Ghusighata Concrete Bridge with the sinister motive to unlawfully take the reverine saline water of the said Vidyadhari river situated on the northern-side of the Ghusighata Concrete Bridge through the said public canal being locally known as "Kumarjole Khal" and/or "Kali Khal" for the purpose of production of shrimp, lobster and other fishes with the help of the saline water of the said river. They further cut through and excavated part by part the public embankment on both the sides of the said canal here and there at Tentultala, Jhikra, and Laugachiabad Mouzas with ulterior motive to bring the said saline water to far off land of Tentultala, etc. for the purpose of pisciculture. The Pradhan of Bamunpukur Gram Panchayat being the respondent No.7 was also maintaining a fishery in Tentultala Mouza and for that purpose, he had taken lease of land from the concerned landowners for the purpose of pisciculture therein and the same was situated near the petitioners' paddy land. (g) In consequence of the aforesaid fact of unlocking the said four-vent sluice-gate near the Ghusighata Concrete Bridge and damaging the public embankment on the said Kumarjole Public Channel, a vast expanse of agricultural land including the lands of the petitioners comprised in Mouzas Tentultala, Jhikra. Laugachiabad and other lands of the neighbouring villages had been flooded with 3-4 feet deep saline water of the said Vidyadhari river and as such, the cultivation of agricultural crops including paddy on the petitioners' plots of land had been totally stopped. (h) In view of the aforesaid act of unlocking of the said four-vent sluicegate and partial destruction the public embankment on the said Kumarjole Channel and setting up of cement and/or concrete or wooden boxes under the said damaged portion of the embankment for passing the saline water through those boxes, the agricultural land had been converted into a fishery to a great detriment to the production of agricultural crops and in view of the aforesaid fact and situation, it has become impossible for the petitioners to yield crops on their said lands situated in Mouza Tentultala. (i) The said respondent-authorities were not taking any step for preventing the miscreants from causing the damages of the embankment on the Kumarjole Khal or from setting up all those boxes for the purpose of bringing saline water into the agricultural land. The appellant, therefore, requested the said respondent-authority to take necessary steps for effecting necessary repair to the dismantled four-vent sluice-gate installed 120 yards south of Ghusighata Concrete Bridge and for taking appropriate steps for maintaining the said sluice-gate to ensure regularity in opening and closing of the said sluice-gate and to prevent outlet of saline water of river Vidyadhari through the said sluice-gate at random and also to take steps for repairing the damaged public embankment on the Kumarjole Channel and removing the concrete boxes or pipes and wooden boxes set up at the destructed portion of the said public embankment. (j) The State-respondents failed to take any step and as such, a writ application was filed thereby praying for direction upon the respondents to make necessary repair of the dismantled four-vent public sluice-gate installed 120 yards south of Ghusighata Concrete Bridge on the Calcutta-Basanti Highway and to make effective and thorough repair of four-vent public sluice-gate constructed by the Government and for making arrangement for proper maintenance to ensure regularity in opening and closing of the same and to prevent outlet of saline water of river Vidyadhari through the said sluice-gate particularly during the spring tide and also to take step for repairing the damaged public embankment on the Kumarjole Channel and removing the concrete boxes or pipes and wooden boxes illegally set up under the excavated public embankment of Mouzas Tentultala, Jhikra, etc. on both sides of the said embankment.";