JUDGMENT N. PANDEY, J. 1. This writ petition has been filed on behalf of certain villagers of Pothiya, Bora bazar and Birniya, Police Station Dhoriya in the district of Bhagalpur, presently Banka, for issuance of a writ of mandamus commanding the respondents not to realise water rate tax from the land holders of these villages until and unless there is a proper notification, declaring such area within the command area of Laxmipur Akouric Dam, Branch Babura Canal. 2. Grievance is that the villages of these petitioners have not been included in Laxmipur Akouric Dam, Branch Babura Canal command nor any provision has been made for supply of water to irrigate their lands. But inspite of the aforesaid requirements, the authorities are arbitrarily realising water taxes. 3. A counter affidavit has been filed on behalf of the respondents making a bald statement that petitioners' villages have been notified within the command area of the said canal. Therefore, the authorities have ample jurisdiction to realise water rate taxes. 4. Learned counsel appearing for the petitioners contended that no copy of notification or any document has been brought on record on behalf of the respondent to satisfy the Court that these villages have been included in the command area of the aforesaid canal. Therefore, simply on the basis of bald statement in the counter affidavit, it would not be proper to make the petitioners liable for payment of water tax. 5. In my view the dispute involved in this case depends upon adjudication of facts and proper enquiry. It goes without saying if these villages have not been notified within the command area and no provision has been made for water supply, it would not be open to the authorities to collect water taxes. But certainly such relief can only be granted after adjudication of facts, noticed above, which may not be possible presently in a writ jurisdiction. 6. I, therefore, direct the Collector, Banka, who has been added as respondent no. 7 in this case to examine the grievance of the petitioners and ascertain as to whether their villages have been notified within the command area and whether irrigation facilities are available. I also direct the petitioners to produce a certified copy of this order before the learned Collector along with a detailed representation in support of their claim so that the matter can be finally decided for ever. 7. I also direct the petitioners to produce a certified copy of this order before the learned Collector along with a detailed representation in support of their claim so that the matter can be finally decided for ever. 7. With the aforesaid direction, this writ application is, thus, disposed of.