Ali Khan vs State Of Rajasthan
2021 Latest Caselaw 15904 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14552/2021

Ali Khan S/o Shri Nyaaj Khan, Aged About 40 Years, By Caste Musalman, R/o Bahla, Tehsil Pokaran, District Jaisalmer, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, (Water Resources Department), Jaipur.

2. The Commissioner Colonization, Bikaner.

3. The Deputy Commissioner, Colonization, Nachna, District Jaisalmer.

4. The Executive Engineer (Irrigation), T.m.c. Division, Indira Ganchi Nahar Pariyojana, Mohangarh, District Jaisalmer.

5. The Assistant Engineer (Irrigation), T.m.c. Division, Indira Ganchi Nahar Pariyojana, Mohangarh, District Jaisalmer.

                                                                    ----Respondents


For Petitioner(s)         :     Mr. LD Khatri
For Respondent(s)         :     Mr. Manish Tak



                     JUSTICE DINESH MEHTA

                                     Order

21/10/2021

Mr. Khatri, learned counsel for the petitioner submitted that

the petitioner owns/possesses land, yet the respondents are not

providing irrigation facilities to the petitioner in view of the

litigation, though, he is having interim order in his favour.

Learned counsel for the petitioner also 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

(2 of 3) [CW-14552/2021]

Khan Vs. State of Rajasthan & Ors.); which has been duly followed

by another coordinate Bench decision dated 24.10.2017 passed in

SBCWP No.11508/2017 (Gemar Singh Vs. State of Rajasthan &

Ors.).

Mr. Manish Tak, learned counsel appearing for the

respondents in principle agreed that the issue is broadly covered

by the said judgment, he, however, apprehended that in guise of

the judgment of this Court, the petitioner is seeking irrigation

facilities to his land, even though they are not in command area.

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 petitioner shall be given irrigation

facilities only if, his land fall in the command area.

1. The petitioner shall approach respective Executive Engineer

of IGNP Department by 20.11.2021 and furnish

documentary evidence regarding his ownership and title of

the agriculture lands, which is in his possession.

2. In case the petitioner is not having any documentary

evidence regarding his ownership and title of the said

agriculture land but his dispute regarding title of the said

agriculture land is pending either before departmental

authorities or before competent Courts and stay order is

passed in his favour, can also furnish copies of the said stay

order passed by the departmental authorities or competent

Courts in his favour by 20.11.2021.

3. The respective Executive Engineer of IGNP Department after

verifying the documentary evidence, furnished by the

petitioner, or after taking into consideration the stay order

(3 of 3) [CW-14552/2021]

passed in petitioner's favour by the departmental authorities

or competent courts shall consider the case of the petitioner

for inclusion of his name in barabandi for ensuing years

strictly in accordance with law.

4. It is made clear that the petitioner, who is presently getting

the irrigation facilities to its agriculture fields, will continue

to get the same till next barabandi is fixed by the IGNP

Department.

5. In case land for which the petitioner is claiming irrigation

facilities, does not fall in culturable command area, the

respondents shall not be bound to provide irrigation facility/

barabandi.

The stay application also stand disposed of accordingly.

(DINESH MEHTA),J 86-Amar/-

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