IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4228/2019 Decided on: 01.07.2026 Narayan Singh & Anr. …..Petitioners Versus State of H.P. & Ors. .....Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Pratap Singh Governdhan, Sr. Advocate with Mr. Rakesh Thakur, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1. Mr. Harmahinder Singh Rana and Ms. Kamlesh Kumari, Advocates, for respondents No.2 to 4. Jyotsna Rewal Dua, J. Heard and considered the case file. 2. Petitioners have grievance against the order dated 14.11.2019 passed by the learned Senior Civil Judge, Kasauli, District Solan, H.P., deciding the appeal preferred by respondents No.2 & 3 under Section 67 of the H.P. Panchayati Raj Act, 1994 (the Act, in short). The said appeal, in turn, had been filed by the aforesaid respondents against the order dated 03.01.2018 passed by the Gram 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Panchayat Ganol-respondent No.4 in a case instituted by respondents No.2 & 3 against the present petitioners. 3. Petitioners and respondents No.2 & 3 are residents of Village Ladaha, Post Office Garkhal, Tehsil Kasauli, District Solan. All the villagers, including the petitioners and respondents No.2 & 3, had been drawing water from a common water source in the said village, falling within the jurisdiction of Gram Panchayat Garkhal, through plastic pipelines up to their houses. Respondents No.2 & 3 raised a grievance before Gram Panchayat Garkhal regarding the petitioners drawing water by affixing a T-joint to the main pipeline. Resolution of the dispute was attempted by the concerned Gram Panchayat, wherein the petitioners expressed their agreement with the suggestion given by the Panchayat Bench for construction of a common water tank in the village and for distribution of water through pipelines up to the houses of the villagers, and to allow the villagers to keep the water storage of 500 litres so as to ensure uniform water storage. The suggestion was not accepted by respondents No.2 & 3. Since the matter could not be resolved, it was sent to Gram Panchayat Ganol, from where it was ultimately referred for adjudication to the learned Civil Court by taking recourse to Section 67 of the Act. The learned Civil Court, vide its impugned order dated 14.11.2019, held the primary requirement of water is for drinking purposes; It would not be appropriate to use the water for any purpose other than drinking by installing a T-joint in the 3 pipeline, as this recourse may lead to a difficult situation and the possibility of further disputes between the parties. Gram Panchayat was accordingly directed to remove the T-joint affixed by the present petitioners in the main water supply pipeline so that the water could be used for drinking by the villagers as well as for their cattle. Upon notice issued to the respondent-officials in this writ petition, reply has been filed on behalf of respondent No.1, inter alia, pleading therein that the house of petitioner No.1 is situated at a distance of 500 metres above Ladah Village; The water connection to this house has been provided through a plastic pipe; Below this residence, the residents of the village have also been provided connections through plastic pipes. The reply further states that the steel water tank of Ladah Village is located below the level of the village, therefore, water connection cannot be provided to all the villagers by lifting the water. The relevant portion of the reply reads as under: - “….b) Petitioners No. 1 & 2 stated that the water source has been drifted from the place Shila Pash to gravtive Bahav Jal Yojana, to which labour donation has been made by the Villagers and connection has been distributed to the villagers of Shavli through storage tank: - i) The house of the petitioner No. 1 is at a distance of 500 meters above from Ladah Village, to whom connection has also been provided by plastic pipe and just a little below, all the people of same village has also taken connection through plastic pipes for their toilet etc. and if respondents No. 2 & 3 take connection from it then there is no objection from villagers of Ladah. 4 ii) The steel storage tank of Ladah village is located below the level of village and water connection cannot be provided to all villagers by lifting the water…..” Learned counsel for the petitioners, as also respondents No. 2 and 3, apprised that at present these parties to the litigation are drawing water from main source through plastic pipes leading to their respective houses and there is no dispute between the parties at present. In view of above, let the above arrangement continue until a common water storage tank is constructed at Village Ladah. With above directions/observations, the instant petition to stand disposed of. Pending application(s), if any, also stand disposed of accordingly. Jyotsna Rewal Dua Judge 01st July, 2026 (rohit)