Rajasthan High Court - Jodhpur
Pala Ram vs State Of Rajasthan (2024:Rj-Jd:84) on 2 January, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:84]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 17123/2021
Pala Ram S/o Shri Lakhu Ram, Aged About 51 Years, R/o Ward
No. 9, V.p.o. Pakka Saharana, 24 Llw-A, Hanumangarh (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The District Collector,
Hanumangarh, District Hanumangarh.
2. The Chairman, Water User Association, Bk-43,
Hanumangarh, District Hanumangarh (Raj.)
3. The Chairman, Bhakhara Project Management Committee,
Hanumangarh, District Hanumangarh (Raj.)
4. Kalu Ram S/o Shri Shankar Lal, R/o Ward No. 9, V.p.o.
Pakka Saharana, 24 Llw-A, Hanumangarh (Raj.).
5. Fula Ram S/o Shri Shankar Lal, R/o Ward No. 9, V.p.o.
Pakka Saharana, 24 Llw-A, Hanumangarh (Raj.).
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria.
For Respondent(s) : Mr. Sushil Bishnoi.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 02/01/2024 Heard learned counsel for the parties. The present writ petition has been filed for the following relief:-
"(i) The impugned order dated 30.11.2021 (Annex.P/5) passed by respondent no.2 may kindly be quashed and set aside with all consequential benefits"
Learned counsel for the petitioner submits that water turn of the petitioner has been reduced by the respondent No.2 without affording an opportunity of hearing to the petitioner. (Downloaded on 03/01/2024 at 08:35:13 PM) [2024:RJ-JD:84] (2 of 3) [CW-17123/2021] Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment of this court rendered in S.B.Civil Writ Petition No.8716/21 (Subhash Chandra Bishnoi V/s State of Rajasthan & Ors.) decided on 02.07.2021 in the following terms:-
"By way of this writ petition, the petitioner has challenged the order dated 15.10.2020 (Annexure-4) passed by the respondent No. 2- the Chairman, Water User Association as well as order dated 29.06.2021 (Annexure-7) passed by the respondent No. 3-the Chairman, Bhakhara Project Management Committee. Learned counsel for the petitioner has submitted that the respondent No. 2 without providing any opportunity of hearing to the petitioner, who is an affected person, has fixed the barabandi. It is further submitted that the respondent No.3 while deciding the appeal has not taken into consideration this aspect of the matter and proceeded to decide the same in the absence of the petitioner. Learned counsel for the petitioner has, therefore, submitted that the petitioner has a limited prayer that this writ may be disposed of with a direction to the respondent No. 2 to decide the matter regarding fixing of barabandi after providing opportunity of hearing to him, who is directly affected.
Learned counsel appearing on behalf of the respondent No. 2as caveator has frankly admitted that before passing the impugned orders, the petitioner has not been provided opportunity of hearing and he has no objection if the matter is remanded to the respondent No. 2 to decide the matter regarding fixing of barabandi after providing opportunity for hearing to the petitioner.
Having heard learned counsel for the parties and after perusing the material available on record, the impugned orders dated 15.10.2020 (Annexure-4) and order dated 29.06.2021(Annexure-7) are quashed and set aside and the respondent No. 2is directed to decide the matter regarding fixing of barabandi after providing opportunity of hearing to all the concerned parties including the petitioner and the respondent No. 4 expeditiously within a period of four weeks from the date of production of certified copy of this order.
In view of the above observations, this writ petition is disposed of.
Stay petition is also disposed of".
Having considered the submissions made before this court and upon perusal of the material available on record, the order dated 30.11.2021 (Annex.5) passed by the respondent No.2 is quashed and set aside. The present writ petition is disposed of (Downloaded on 03/01/2024 at 08:35:13 PM) [2024:RJ-JD:84] (3 of 3) [CW-17123/2021] with a direction to the respondent No.2 to decide the matter regarding fixing of Barabandi after hearing all the parties including the petitioner and respondents Nos.4 & 5 within a period of six weeks from today.
(VINIT KUMAR MATHUR),J 68-Anil Singh/-
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