1. Petitioners claim to be cultivating land owners of Village Adwari (Mehmood abad) Nowpora and Kreri from Tehsil Dooru. They have laid claim to half the water flowing from Very-nag spring to irrigate their lands down the stream. They are not being allowed to share the water by villagers and cultivators from Qazigund area. The representation has not also yielded any result. Petitioners filed OWP No. 205/2000 in this court which was disposed of with the following order: - "However keeping in view the urgency of the matter respondent No. 2 is directed to decide the representation of the petitioner on merits within a period of two weeks from the date they made last representation alongwith a copy of this order. The writ petition is accordingly disposed of..." 2. Petitioner alleges that despite directions and their taking steps consequent to directions, the respondents have failed to take action on the representation. Dy. Commissioner to whom representation was made has not considered petitioners case in the spirit of just and legal decision. The order of Dy. Commissioner, Anantnag disposing of petitioners representation is prayed to be quashed with the consequential relief. 3. Mr. G.M. Shawal, GA has appeared and taken notice. Despite opportunities objections have not been filed. 4. Heard. 5. While disposing of the earlier writ petition on the subject with the identical relief prayed for, the court passed a direction for consideration and deciding the representation on merits. The impugned order is in fact a decision of the Dy. Commissioner, Anantnag on representation made by petitioners pursuant to above court direction. It speaks of Tehsildar and Assistant Commissioner having visited the spot and examined the claim of villagers to share irrigating water. Besides the revenue records included Revaji Aabpash has been also perused by the authorities. Even while visiting the spot villages have been heard. It is stated that the lands of the villages represented by the petitioners are usually irrigating by Nallah Sandran and in the event of scarcity of water in the Nallah Sandran, the petitioners were being temporarily provided some water by the other villagers. However, there is no mention in the Revaji Aabpash of sharing the water from Verinag spring by petitioners villages. Besides Assistant Commissioner (Rev.) has come to the conclusion that supply of water to petitioners from Verinag is not also feasible and proper. The Dy.
However, there is no mention in the Revaji Aabpash of sharing the water from Verinag spring by petitioners villages. Besides Assistant Commissioner (Rev.) has come to the conclusion that supply of water to petitioners from Verinag is not also feasible and proper. The Dy. Commissioner has noted that he has examined the Revenue record, Revaji Aabpash, report of the feed back agencies of Naib Tehsildar and Assistant Commissioner, Anantnag. He has found that the land of villages represented by the petitioners is irrigated by Nallah Sandran, whereas water from Nagkoh! originating from Verinag spring as per Revaji Aabpashi is irrigating lands other than those of petitioners village(s). Even the petitioners are getting residual water from Nagkohl after it falls in Nallah Sandran. There is no specific share of the water mentioned or reserved for the petitioner villages represented by petitioners out of Nagkohl. It is only residual water from this Nagkohl which is received by the petitioners villages in addition to the water they are receiving from Nallh Sandran. The Dy. Commissioner has on enquiry .examined record, and report of feed back agencies and has come to the conclusion that the claim put-forth by the petitioners to the water from Naghkohl, is wholly unfounded and the water from Naghkohl cannot be apportioned, distributed disregard to revajii Aabpash entries. 6. It is obvious that after disposal of the representation on consideration by the Dy. Commissioner Anantnag pursuant to directions in the earlier writ petition, another writ petition with self-same fact-situation and circumstances and for identical relief(s) is not maintainable and is accordingly dismissed at this pre-admission stage.