- (1.) The State of Odisha through Collector, Kalahandi has filed Second Appeal Nos. 278 of 2001 and 279 of 2001 challenging the common judgment followed by decrees in Title Appeal Nos. 4 of 1996 and 6 of 1996 as passed by the learned District Judge, Kalahandi -Nuapada. Also Uchhala Gram Panchayat through its Sarpanch has filed RSA Nos. 259 of 2012 and RSA 30 of 2013 in challenging the same. All the above noted appeals have been heard together and this common judgment is passed which would govern all those.
(2.) The predecessor -in -interest of respondent nos. 1 to 4 and other respondent nos. 5 to 10 had filed a suit i.e Title Suit No. 41 of 1994 in the court of learned Civil Judge (Sr.Divn.), Dharamgarh for declaration of their right of fishery and water over the suit tanks and for permanent injunction against the State as also the Sarpanch, Uchhala Grama Panchayat for restraining them from interfering with their exercise of above rights. The suit having been decreed declaring that the plaintiffs have the right over the fish and the water of the suit tanks without any prejudice to the right of the villagers to use water for bathing and domestic purpose and also to the right of the State to make improvements thereto through their agency like Grama Panchayat from time to time with further order of restraint against the appellant -defendants from interfering with the exercise aforesaid rights of the plaintiffs over the suit tanks, two appeals were filed. The plaintiffs filed one appeal which was numbered as Title Appeal No. 4 of 1996 when the defendants i.e. State and Panchayat also filed another appeal which was numbered as Title No. 6 of 1996. The learned District Judge, Kalahandi having heard both these appeals has allowed the appeal filed by the plaintiffs and dismissed the appeal filed by the State. Therefore, this Court has been moved with the above noted second appeals under Section 100 of the Code of Civil Procedure.
(3.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.;