Inder Sen Israni, J. - (1.) In all these writ petitions raise same controversy and are, therefore, decided by one order. In these petitions a challenge has been made to the order/orders, by which, the rate of water is revised from Rs.1/- per 1,000 CFt.to Rs.10/- per 1,000 C.Ft. and a prayer has been made that respondents may be directed to collect the charges for water consumption from the petitioner-companies at the rate of Rs.1/- per 1,000 Cft.
(2.) For the purposes of facts, the details are given as per writ petition No.4790/90. The petitioner-company vide Anx.1 dated June 26, 62 entered into an agreement with the respondents according to Rs25/- was to be charged for con-sumption of 1,000 Cft. This agreement was last for 20 years and was to expire in June, 1982 Second agreement dated 31.7.1985 (Anx.2) came into effect from 26.6.1982. As per this agreement, the charges were Rs.1/- 1,000 Cft. However, on 6.11.89, 30.3.90 and 5.5..90 (Anx.3) bill for water charges was sent at the rate of Rs.10/- per 1,000 Cft. Reply was sent vide Anx.4 dated 6.7.90 pointing out that as per agreement the charges may be made only at the rate of Rs.1/- per 1,000 Cft. Thereafter, another bill dated 24.7.90 Anx.7 was sent at the rate of Rs.10/- per 1,000 Cft. Hence this petition.
(3.) It is submitted by Shri M.D. Agrawal, Shri R.M.Lodha, and Shri Manish Bhandari, learned counsel that in some cases, the new agreement had been entered into between the parties and in several matters draft agreement was sent which was corrected by the petitioners and thereafter sent to respondent for their signatures. However, signatures have not been done by the respondents, but they continued to charge the petitioners at the rate of Rs.1/-per 1,000 Cft. It is pointed out that Section 31 of Rajasthan Irrigation and Drainage/Act, 1954 (for brevity 'the Act, 1954') provides that in the absence of a written contract, or so far as any such contract does not extent, every supply of water from an irrigation work shall be deemed to be given at the rates and subject to the conditions prescribed by the rules to be made by the State Government in respect thereof. It is also pointed out that Rule 5 of the Rules, 1955 provides that with the previous permission of "the Divisional Irrigation Officer or Sub Divisional Irrigation Officer, tanks may be filled, or water may be supplied without a special contract, from a canal direct in small quantities for purposes other than irrigation, at the rates, mentioned in Schedule 1.";