Rajasthan High Court - Jodhpur
Jasveer Singh vs State Of Rajasthan on 18 October, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 624/2021
1. Jasveer Singh S/o Shri Fuman Singh, Aged About 44
Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil
Anoopgarh, District Sri Ganganagar (Raj.)
2. Harvinder Singh S/o Fuman Singh, Aged About 40 Years,
B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil Anoopgarh,
District Sri Ganganagar (Raj.)
3. Raghuveer Singh S/o Late Shri Jeevan Singh, Aged About
70 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil
Anoopgarh, District Sri Ganganagar (Raj.)
4. Paramjeet Singh S/o Shri Raghuveer Singh, Aged About
36 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil
Anoopgarh, District Sri Ganganagar (Raj.)
5. Tarsem Singh S/o Late Shri Jivan Singh, Aged About 47
Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil
Anoopgarh, District Sri Ganganagar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Engineer Irrigation
(North) Hanumangarh (Raj.)
2. Superintendent Engineer, Water Resources Circle, Sri
Ganganagar (Raj.)
3. Executive Engineer, Water Resources South Division, Sri
Ganganagar (Raj.)
4. Executive Engineer, Gang Canal, C.a.d., Division - Iii,
Suratgarh, District Sri Ganganagar (Raj.)
5. Assistant Engineer, Water Resources, Sub - Division -
Jaitsar, District Sri Ganganagar (Raj.)
6. Amritpal Singh S/o Karnail Singh, R/o Chak 74 G.b.,
Tehsil Anoopgarh, District Sri Ganganagar (Raj.)
----Respondents
For Petitioner(s) : Mr. Sanjeet Purohit
For Respondent(s) : Ms. Saloni Malpani for
Ms. Abhilasha Kumbhat
(2 of 3) [CW-624/2021]
JUSTICE DINESH MEHTA
Order
18/10/2021
1. Mr. Purohit, learned counsel for the petitioners, submits that
Coordinate Bench of this Court vide its judgment dated
22.09.2021 in SB Civil Writ Petition No.12612/2020 : Kulveer
Singh & Ors. Vs. State of Rajasthan & Ors, has allowed the writ
petition and remanded the matter back to the Executive Engineer
to pass fresh order in accordance with law.
2. The operative portion of the order dated 22.09.2021 reads
thus :
"In that view of the matter, this writ petition is
allowed. The order dated 15.11.2017 passed by the
Executive Engineer as well as order dated 17.07.2020
passed by the Superintendent Engineer are quashed
and set aside and the matter is remanded back to
Executive Engineer, Water Resources, South Division,
Sir Ganganagar for deciding the matter afresh, within
a period of one month from the date of receipt of
certified copy of this order, after affording opportunity
of hearing to all the affected persons."
3. Ms. Saloni Malpani, learned counsel for the respondents, is
not in a position to dispute the aforesaid position of facts and law.
4. In view of the above, the present writ petition is also,
therefore, allowed in the same terms.
5. The impugned order dated 15.11.2017 (Annex.5) and order
dated 17.07.2020 (Annex.7) are hereby quashed and set aside.
(3 of 3) [CW-624/2021]
6. The matter is remanded back to Executive Engineer, Water
Resources, South Division, Sri Ganganagar for deciding the matter
afresh, within a period of one month from the date of receipt of
certified copy of this order, after affording opportunity of hearing
to all the affected persons.
7. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J
175-A.Arora/-
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