Rajasthan High Court - Jodhpur
Kasam Khan vs State Of Rajasthan on 1 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7637/2021
Kasam Khan S/o Deenu Khan, Aged About 41 Years, R/o Village
Bahala, Tehsil And District Jaisalmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Water Resources
Department, Government Secretariat Jaipur.
2. Commissioner Colonization, Bikaner.
3. Assistant Commissioner Colonization Cum Alloting
Authority, Mohangarh-1, Jaisalmer.
4. Executive Engineer, Mohangarh Tmc Division, Indira
Gandhi Nahar Pariyojna, Mohangarh, District Jaisalmer
(Raj.).
5. Executive Engineer, 23Rd Division, Indira Gandhi Nahar
Pariyojna, Mohangarh, District Jaisalmer (Raj.).
----Respondents
For Petitioner(s) : Mr. Manas Khatri (through VC)
For Respondent(s) : Mr. Manish Tak (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
01/07/2021
1 Learned counsel for the petitioner 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 of 3) [CW-7637/2021]
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 13.08.2021 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
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 13.08.2021.
(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
(3 of 3) [CW-7637/2021]
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
61-Taruna/-
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