Rajvinder Singh vs State Of Rajasthan
2021 Latest Caselaw 19283 Raj

(1 of 3) [SAW-16/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 16/2020

1. Rajvinder Singh S/o Puran Singh, Aged About 48 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

2. Kamalpreet (Minor) D/o Sukhveer Singh, Aged About 7 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

3. Pavneet (Minor) D/o Sukhveer Singh, Aged About 6 Years, Both Petitioner No.2 And 3 Through His Natural Guardian And Father Sukhveer Singh S/o Dal Singh, Aged About 45 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

4. Harsh Nagra S/o Gurbaksh Singh, Aged About 18 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

5. Jasvinder Kaur W/o Gurbaksh Singh, Aged About 45 Years, Both Petitioner No.4 And 5 Through The Power Of Attorney Holder Sukhveer Singh S/o Dal Singh, Aged About 45 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

6. Rishpal Kaur D/o Gurtej Singh, Aged About 60 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

7. Gurdev Singh S/o Bahaal Singh, Aged About 85 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

8. Baljeet Kaur W/o Baldev Singh, Aged About 72 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb/b, Tehsil Padampur, District Sri Ganganagar.

----Appellants Versus

1. State Of Rajasthan, Through Chief Engineer, Irrigation Department, Hanumangarh.

2. The Superintending Engineer, Water Resources Circle, Sriganganagar

3. The Executive Engineer, Water Resources, South Division, Sriganganagar.

                                              (2 of 3)                 [SAW-16/2020]


4.     Assistant      Engineer,        Water      Resources,       Sub    Division,
       Padampur, Sriganganagar.

5. Hari Singh S/o Mangal Singh, Aged About 65 Years, B/c Jat Sikh, R/o Chak 7Cc, Tehsil Padampur, District Sriganganagar.

6. Pal Singh S/o Bahadar Singh, Aged About 60 Years, B/c Jat Sikh, R/o Chak 7Cc, Tehsil Padampur, District Sriganganagar.

7. Kandhara Singh S/o Jora Singh, Aged About 60 Years, Chak 7Cc, Tehsil Padampur, District Sriganganagar.

8. Lavdeep Singh S/o Iqbal Singh, Aged About 42 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb-Ii, Tehsil Padampur, District Sri Ganganagar.

9. Sagar Singh S/o Huzur Singh, Aged About 42 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb-Ii, Tehsil Padampur, District Sri Ganganagar.

10. Gurdeep Singh S/o Jangeer Singh, Aged About 65 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb-Ii, Tehsil Padampur, District Sri Ganganagar.

11. Hardeep Singh S/o Amar Jeet Singh, Aged About 45 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb-Ii, Tehsil Padampur, District Sri Ganganagar.

12. Palvinder Singh S/o Sukhdev Singh, Aged About 32 Years, By Caste Jat Sikh, Resident Of Chak 18 Bb-Ii, Tehsil Padampur, District Sri Ganganagar.

----Respondents

For Appellant(s) : Dr. R.D.S.S. Kharlia For Respondent(s) : Mr. Sunil Beniwal, AAG, with Mr. Saransh Vij Mr. Rishabh Purohit, on behalf of Mr. B.S. Sandhu

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

17/12/2021 This court is apprised that another Writ Petition

No.18868/2019 has been filed before the learned Single Bench for

(3 of 3) [SAW-16/2020]

assailing the order, whereby the disputed Nakas have been

regularized.

Mr. Sunil Beniwal, learned AAG, thus, submits that as

the controversy regarding validity of Nakas in question is under

consideration before the learned Single Bench, the ad interim stay

order dated 08.01.2020 passed by this court in this appeal staying

the effect and operation of the order dated 11.12.2019 may be

made absolute and the parties may be relegated to pursue their

cause before the learned Single Bench in S.B. Civil Writ Petition

No.18868/2019.

The submission so made by Mr. Beniwal is absolutely

justified.

We have considered the submissions advanced at bar

and perused the material available on record and the impugned

order. Since the appellant-petitioners, who are the affected

parties, were not impleaded in S.B. Civil Writ Petition

No.18268/2019, which has been decided vide order dated

11.12.2019 and as another Writ Petition bearing No.18868/2019

has been filed regarding subsequent order of regularization of

Nakas, the order dated 11.12.2019 passed by the learned Single

Bench is hereby quashed and set aside. The parties are left at

liberty to pursue their cause in the pending Writ Petition

No.18868/2019. The appeal is allowed in these terms. All

interlocutory applications are disposed of.

No order as to costs.

(SAMEER JAIN),J (SANDEEP MEHTA),J

44-Pramod/-

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