HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4084/2017
1. Satpal S/o Shri Vishambhar Das, B/c Agarwal, Aged about 60 years.
2. Swarn Singh S/o Mehar Singh, B/c Jat Sikh, Aged about 51 years.
3. Buta Singh S/o Shri Baldev Singh, B/c Jat Sikh, Aged about 40 years.
4. Shivpreet Singh S/o Shri Hardeep Singh, B/c Jat Sikh, Aged about 52 Years.
5. Balvinder Singh S/o Santokh Singh, B/c Jat Sikh, Aged about 42 Years.
6. Pawan Kumar S/o Shri Satpal, B/c Agarwal, Aged about 40 years.
7. Makhan Singh S/o Shri Chanad Singh, B/c Jat Sikh, Aged about 55 Years All R/o 14 PSA, Tehsil Raisinghnagar, District Sriganganagar
----Petitioners Versus
1. The State Of Rajasthan, Through Chief Engineer, Department Of Irrigation, Hanumangarh
2. The Superintending Engineer, Irrigation Circle, Sriganganagar
3. The Executive Engineer, Water Resources South Division, Sriganganagar
----Respondents For Petitioner(s) : Ms. Kinjal Purohit for Dr. RDSS Kharlia For Respondent(s) : Ms. Khushbu Choudhary for Ms. Abhilasha Bora HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 02/01/2023 Heard learned counsel for the parties.
The present writ petition has been filed against the order dated 25.01.2017 (Annex.1) passed by the Executive Engineer, Water Resources South Division, Sriganganagar and the order (Downloaded on 02/01/2023 at 08:34:03 PM) (2 of 4) [CW-4084/2017] dated 14.03.2017 (Annex.3) passed by the Superintending Engineer, Irrigation Circle, Sriganganagar.
Brief facts of the case are that the petitioners are having their agricultural fields at Sriganganagar and on a complaint being filed, a sudden inspection was conducted by the officers of the respondent-Department, wherein it was noticed that the petitioners were taking water for irrigation without any authority. In the circumstances, a theft case was registered against the petitioners and in view of the inspection report prepared by the officers of the respondent-Department, the respondent No.3- Executive Engineer passed the order dated 25.01.2017. Vide order dated 25.01.2017, the petitioners were punished by debarring from the water facility for a period of one year and certain amounts of fine were also imposed on the petitioners. The petitioners challenged this order of Executive Engineer before the Superintending Engineer and the Superintending Engineer vide its order dated 14.03.2017 rejected the appeal preferred by the petitioners. Hence, the present writ petition has been filed.
This Court on 13.04.2017 while issuing notices to the respondents passed an order that if the petitioners deposit the amount of fine in terms of the order impugned, the order to the extent of debarring the petitioners to avail the facility of irrigation for a period of one year shall remain stayed.
Learned counsel for the petitioners submits that since the petitioners have deposited the fine amount, therefore, their water facility was not disconnected. She submits that the order dated 25.01.2017 was passed in gross violation of the principles of natural justice without giving any opportunity of hearing to the petitioners. She further submits that since the order impugned (Downloaded on 02/01/2023 at 08:34:03 PM) (3 of 4) [CW-4084/2017] dated 25.01.2017 has evil consequences, therefore, the hearing in the matter was a must.
In support of her contentions, learned counsel for the petitioner has relied upon a judgment of this Court dated 11.09.2007 passed in S.B. Civil Writ Petition No.1131/2006 tilted as "Sukhmander Singh and Anr. Vs. The Superintending Engineer, Irrigation Circle, Hanumangarh Sangam and Ors.". She, therefore, prays that the present writ petition may be allowed and the orders dated 25.01.2017 and 14.03.2017 may be quashed and set aside.
Per contra, learned counsel for the respondents submits that on a sudden inspection being conducted by the respondents, the petitioners were found taking the water from the canal without the authority of law and a theft case was registered against them, therefore, the orders passed by the Executive Engineer as well as the Superintending Engineer do not warrant any interference by this Court.
I have considered the submissions made at the Bar and have gone through the orders impugned dated 25.01.2017 as well as 14.03.2017.
The admitted position in the present case is that the petitioners are the farmers having their lands in the area in question and on a sudden inspection being conducted by the officers of the respondent-Department, it was found that they were getting the irrigation facility without any authority of law and thus, the Executive Engineer, relying upon the report of the Assistant Engineer, imposed the penalty upon the petitioners. Since no opportunity of hearing was provided to the petitioners, therefore, the order passed by the Executive Engineer was in violation of the principles of natural justice. Since an adverse (Downloaded on 02/01/2023 at 08:34:03 PM) (4 of 4) [CW-4084/2017] order has been passed against the petitioners, therefore, the hearing in the matter was required to be extended by the Executive Engineer before passing such order. The order passed by the Executive Engineer cannot be sustained in the eye of law, more particularly, in view of the observations made by this Court in the case of Sukhmander Singh (supra). It is also noted that in pursuance of the interim order granted by this Court, the petitioners have already deposited the penalty amount and, therefore, the water facility for the period in question was not disconnected.
In view of the discussions made above, the writ petition is allowed. The impugned order dated 25.01.2017 (Annex.1) passed by the Executive Engineer, Water Resources South Division, Sriganganagar and the order dated 14.03.2017 (Annex.3) passed by the Superintending Engineer, Irrigation Circle, Sriganganagar are quashed and set aside.
However, it is made clear that the penalty amount deposited by the petitioners in pursuance of the directions issued by this Court on 13.04.2017 shall not be reimbursed to the petitioners.
(VINIT KUMAR MATHUR),J 72-/Vivek/-
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