Nathu Ram vs State Of Raj. And Ors
2021 Latest Caselaw 18984 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Civil Writ Petition No. 11941/2016

LRs of Nathu Ram s/o Shri Hajari Ram
                                                                    ----Petitioner
                                     Versus
The State of Rajasthan & Ors.
                                                                  ----Respondent


For Petitioner(s)          :     Mr. B.S. Sandhu
For Respondent(s)          :     Mr. S.L. Jain
                                 Ms. Abhilasha Kumbhat, Addl.G.C.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

14/12/2021

1.    This writ petition has been preferred claiming the following

reliefs:


      "It is therefore, most humbly and respectfully prayed that
      this writ petition may kindly be allowed and by an
      appropriate writ, order or direction, the orders impugned
      dated 13.05.2016 (Annex.7)               as well as order dated
      09.09.2016 (Annex.11) passed by the Superintending
      Engineer may kindly be declared illegal and quashed and
      set aside."

2.    Learned counsel for the parties jointly submit that the

controversy in question is no more res integra in view of the

judgment rendered by this Hon'ble Court in Jaspal Singh & Ors.

Vs. State of Rajasthan & Ors., decided on 18.01.2013),

operative portion of which reads as under:


      "4. . . . . . It is also not in dispute that before passing the
      order impugned, the procedure laid down under Sections


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                                                                            (2 of 2)                [CW-11941/2016]

                                        21 to 24 of the Act has not been followed. Learned counsel
                                        appearing for the parties fairly submitted that the matter
                                        may be remanded to the Divisional Irrigation Officer to
                                        deal with the application preferred on behalf of the
                                        respondents in accordance with the procedure laid down
                                        under Sections 21 to 24 of the Act.
                                        5.    Accordingly, the writ petition is allowed. The order
                                        impugned dated 23.8.2012 of Superintending Engineer,
                                        Water Resources Circle, Sriganganagar and order dated
                                        23.9.2011 of Divisional Irrigation Officer, Water Resources,
                                        North Division, Sriganganagar, are quashed and set aside.
                                        It is directed that the application preferred by the
                                        respondents shall be appropriately dealt with in accordance
                                        with the procedure laid down under the provisions of
                                        Sections 21 to 24 and other relevant provisions of the Act
                                        and the Rules made thereunder. No order as to costs."

                                   3.   In light of the aforementioned judgment, the present petition

                                   is allowed. Accordingly, while quashing and setting aside the

                                   impugned order dated 12.05.2016 passed by the Executive

                                   Engineer, Water Resources Division-II, Gharsana as well as the

                                   order dated 09.09.2016 passed by the Superintending Engineer,

                                   Water Resources Circle, Chhattargarh, it is directed that the

                                   matter in issue shall be appropriately dealt with in accordance

                                   with the procedure laid down under the provisions of Sections 21

                                   to 24 and other relevant provisions of the Act and the Rules made

                                   thereunder. No order as to costs. All pending applications stand

                                   disposed of.

                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

156-SKant/-

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