Indraj vs State Of Rajasthan
2021 Latest Caselaw 80 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13355/2020

Indraj S/o Prabhu Ram Bhambhu, Aged About 39 Years, Chak 3 G.d.m., Arjnotpura, Tehsil Suratgarh, District Sri Ganganagar (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Irrigation, Secretariat, Jaipur (Rajasthan).

2. The Chief Engineer, Water Resources (North Division) Hanumangarh (Rajasthan).

3. The Superintending Engineer, Water Resources Circle (Irrigation), Sri Vijaynagar, District Sri Ganganagar (Rajasthan).

4. The Executive Engineer, Water Resources Division-I (Anoopgarh Branch), Sri Vijaynagar, District Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. Trilok Joshi (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/01/2021

This writ petition has been filed by the petitioner

with a prayer for setting aside the order dated

29.10.2020 (Annex.6) passed by the Chief Engineer,

Water Resources (North), Hanumangarh whereby, he has

directed the Superintending Engineer, Water Resources

Circle (Irrigation), Sri Vijaynagar, Distt. Sri Ganganagar

to initiate proceedings against the petitioner under

Section 45 of the Rajasthan Farmers' Participation in

(2 of 2) [CW-13355/2020]

Management of Irrigation Systems Act, 2000 (for short

'the Act of 2000').

The apprehension of the petitioner is to the effect

that while initiating proceedings under Section 45 of the

Act of 2000, the Superintending Engineer may suspend

him from the post of President, Water Users Association,

Govindsar Minor Second. It is not in dispute that the

petitioner was elected as President, Water Users

Association, Govindsar Minor Second on 30.10.2015 and

his term for holding such post was five years, as such,

the same has been expired on 30.10.2020.

Taking into consideration the fact that term of the

petitioner for holding the post of President, Water Users

Association, Govindsar Minor Second has already been expired on 30.10.2020, there is no question of his

suspension from the said post pursuant to the directions

issued by the Chief Engineer, Water Resources (North),

Hanumangarh vide order dated 29.10.2020.

In such circumstances, I do not find any case for

interference in this writ petition on account of expiry of

term of the petitioner for working as President, Water

Users Association, Govindsar Minor Second.

Hence, this writ petition is dismissed. Stay petition is

also dismissed.

(VIJAY BISHNOI),J

63-msrathore/-

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