Saleman vs State Of Rajasthan
2021 Latest Caselaw 12731 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10664/2021

1. Saleman S/o Shri Kutubudin, Aged About 56 Years, Caste Musalman R/o Bahla, Tehsil And District Jaisalmer (Rajasthan).

2. Sher Mohd. S/o Shri Kutubudin, Aged About 71 Years, Caste Musalman R/o Bahla, Tehsil And District Jaisalmer (Rajasthan).

3. Kamu @ Kayam Deen S/o Shri Kutubudin, Aged About 66 Years, Caste Musalman R/o Bahla, Tehsil And District Jaisalmer (Rajasthan).

4. Gajee Khan S/o Shri Kutubudin, Aged About 63 Years, Caste Musalman R/o Bahla, Tehsil And District Jaisalmer (Rajasthan).

5. Heeru Khan S/o Shri Kutubudin, Aged About 61 Years, Caste Musalman R/o Bahla, Tehsil And District Jaisalmer (Rajasthan).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary (Water Resources Department) Jaipur, Rajasthan.

2. The Commissioner, Colonization, Bikaner.

3. The Dy. Commissioner, Colonization I.g.n.p., Nachana, Distt. Jaisalmer.

4. The Colonization Tehsildar, Nachana No. 2, Distt.

Jaisalmer.

5. The Executive Engineer, Shri Mohangarh Tmc Division, Indra Gandhi Nahar Pariyojna Shri Mohangarh, Jaisalmer.

6. The Assistant Engineer, Shri Mohangarh Tmc Division, Indra Gandhi Nahar Pariyojna Shri Mohangarh, Jaisalmer.

7. The Additional Commissioner, Colonization And Revenue Appellate Authority, Jaisalmer.

                                                                  ----Respondents


For Petitioner(s)         :    Mr. Hemant Jain
For Respondent(s)         :    Mr. Manish Tak





                                         (2 of 3)                  [CW-10664/2021]


             HON'BLE MR. JUSTICE VIJAY BISHNOI

                                    Order

13/08/2021

1. Learned counsel for the petitioners contended that number

of petitions involving identical grievance have been allowed by this

Court, vide judgment dated 25.1.2016, passed in a bunch of writ

petitions led by SBCWP No.13842/2015 (Gulsher Khan Vs.

State of Rajasthan &Ors.); which has been duly followed by

another coordinate Bench in decision dated 24.10.2017 passed in

SBCWP No.11508/2017 (Gemar Singh Vs. State of Rajasthan

& Ors.).

2. Mr. Manish Tak, learned counsel appearing for the

respondents in principal agreed that the issue is broadly covered,

however, apprehended that in guise of the judgment of this Court,

the petitioners are seeking irrigation facilities to their land, even

when they are not in the command area.

3. Having heard rival submissions, the present writ petition is

disposed of in terms of the following directions given by this Court

in the cases of Gulsher Khan and Gemar Singh(supra), with

further directions that the petitioners shall be given irrigation

facilities only if, their land(s) fall in the command area.

(i). The petitioners shall approach respective Executive Engineer

of IGNP Department by 15.09.2021 and furnish documentary

evidence regarding their ownership and title of the agriculture

lands, which is in their possession.

(ii). Those petitioners, who are not having any documentary

evidence regarding their ownership and title of the said agriculture

land but their dispute regarding title of the said agriculture land is

pending either before departmental authorities or before

(3 of 3) [CW-10664/2021]

competent courts and stay order is passed in their favour, can also

furnish copies of said stay order passed by the departmental

authorities or competent courts by 15.09.2021.

(iii). The respective Executive Engineer of IGNP Department after

verifying the documentary evidence, furnished by the petitioner, or

after taking into consideration the stay order passed in their

favour by the departmental authorities or competent courts shall

consider the cases of the petitioners for inclusion of their names in

barabandi for ensuing years strictly in accordance with law.

(iv). It is made clear that the petitioners, who are presently

getting the irrigation facilities to their agriculture fields, will

continue to get the same till next barabandi is fixed by the IGNP

Department.

(v). In case land(s) for which the petitioners are claiming

irrigation facilities, do not fall in culturable command area, the

respondents shall not be bound to provide irrigation facility

/barabandi.

4. The stay application also stands disposed of accordingly.

(VIJAY BISHNOI),J

59-Arun/-

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