Rajasthan High Court - Jodhpur
Mamraj vs The State Of Rajasthan on 7 April, 2021
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4699/2020
1. Mamraj S/o Khiraj Ram Jat, Aged About 65 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
2. Mani Ram S/o Khiraj Ram Jat, Aged About 60 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
3. Bhagwana Ram S/o Khiraj Ram Jat, Aged About 55 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
4. Udram S/o Khiraj Ram Jat, Aged About 62 Years, Resident
Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar, District
Hanumangarh.
5. Mohar Singh S/o Sukh Ram Jat, Aged About 45 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
6. Chetram S/o Gherdas Swami, Aged About 60 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
7. Mamraj S/o Gherdas Swami, Aged About 70 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
8. Jagdish Prasad S/o Netram Jat, Aged About 50 Years,
Resident Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar,
District Hanumangarh.
9. Shyochand S/o Netram, Aged About 55 Years, Resident Of
Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar, District
Hanumangarh.
10. Dara Singh S/o Udram, Aged About 45 Years, By Caste
Jat, Resident Of Dhani-Mayala, Post-Mayala, Tehsil -
Rawatsar, District Hanumangarh.
11. Daulat Ram S/o Pema Ram, Aged About 42 Years, By
Caste Jat, Resident Of Dhani-Mayala, Post-Mayala, Tehsil -
Rawatsar, District Hanumangarh.
12. Madaram S/o Pemaraj Ji, Aged About 40 Years, Resident
Of Dhani-Mayala, Post-Mayala, Tehsil - Rawatsar, District
Hanumangarh.
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13. Rewanti W/o Begaram, Aged About 48 Years, By Caste
Jat, Resident Of Janhit Prayas Colony, Behind Kachha Bus
Stand, Ward No. 18, Sardarshahar, Churu.
14. Jaypal S/o Shyochand Ram, Aged About 34 Years, By
Caste Jat, Resident Of Dhani-Mayala, Post-Mayala, Tehsil -
Rawatsar, District Hanumangarh.
15. Fusaram S/o Sukhram, Aged About 28 Years, By Caste
Jat, Resident Of Dhani-Mayala, Post-Mayala, Tehsil -
Rawatsar, District Hanumangarh.
16. Krishan S/o Birbalram, Aged About 45 Years, By Caste
Swami, Resident Of Dhani-Mayala, Post-Mayala, Tehsil -
Rawatsar, District Hanumangarh.
17. Jayveer S/o Mangi Lal, Aged About 26 Years, Resident Of
Ward No. 20, Sangariya, Hanumangarh.
18. Haruram S/o Sukhram, Aged About 47 Years, By Caste
Bhopa, Resident Of Dhani-Mayala, Post-Mayala, Tehsil -
Rawatsar, District Hanumangarh.
19. Jay Singh S/o Mangilal, Aged About 30 Years, By Caste
Jat, Resident Of Ward No. 20, Sangariya, District
Hanumangarh.
20. Mangi Lal S/o Maniram, Aged About 50 Years, By Caste
Jat, Resident Of Ward No. 20, Sangariya, District
Hanumangarh.
21. Bimla W/o Mangi Lal, Aged About 47 Years, By Caste Jat,
Resident Of Ward No. 20, Sangariya, District
Hanumangarh.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Chief Engineer,
Irrigation, North, Hanumangarh.
2. The Executive Engineer, S And I, Lift Division-I, Ignp,
Rawatsar, District Hanumangarh.
3. The Assistant Engineer, S And I, Lift Sub-Division-Iii,
Ignp, Rawatsar, District Hanumangarh.
4. Om Prakash, Through Assistant Engineer, S And I Lift
Sub-Division-Iii, Ignp, Rawatsar, District Hanumangarh.
5. Mahendra Singh, Through Assistant Engineer, S And I Lift
Sub-Division-Iii, Ignp, Rawatsar, District Hanumangarh.
6. Leenu Ram, Through Assistant Engineer, S And I Lift Sub-
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Division-Iii, Ignp, Rawatsar, District Hanumangarh.
7. Indraj, Through Assistant Engineer, S And I Lift Sub-
Division-Iii, Ignp, Rawatsar, District Hanumangarh.
8. Pawan, Through Assistant Engineer, S And I Lift Sub-
Division-Iii, Ignp, Rawatsar, District Hanumangarh.
9. Govind Ram, Through Assistant Engineer, S And I Lift
Sub-Division-Iii, Ignp, Rawatsar, District Hanumangarh.
10. Mahaveer, Through Assistant Engineer, S And I Lift Sub-
Division-Iii, Ignp, Rawatsar, District Hanumangarh.
----Respondents
For Petitioner(s) : Mr.Sanjay Nahar.
For Respondent(s) : Mr.Manish Tak.
Mr.SD Purohit & Mr.Rakesh Matoria.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/04/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Learned counsel for the petitioners submits that 'Bhaichara
Barabandi' has been constructed at the cost of the petitioners and
thus, no one else is entitled for utilising the infrastructure though
he fairly submits that all lawful parties should get water, strictly in
accordance with law.
Learned Government counsel and learned counsel for private
respondents submit that the present matter is squarely covered
by the judgment of this Court dated 15.3.2021 rendered in S.B.
Civil Writ Petition No.2466/2021 (Vedpal Singh & Ors. vs. State of
Raj. & Ors.).
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After hearing learned counsel for the parties and after
perusing the precedent law, this Court is of the firm opinion that
the orders impugned indicate that the controversy is same.
In view of the above, the present writ petition is disposed of
with the same directions as passed in judgment of Vedpal Singh's
(supra). It shall be open for the State to consider as to whether in
what manner the private infrastructure can or cannot be used for
lawful parties, strictly in accordance with law.
Stay petition and all pending applications stand disposed of
accordingly.
(DR. PUSHPENDRA SINGH BHATI),J.
164-SPhophaliya/Jitender/-
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