Rajasthan High Court - Jodhpur
Mugal Kha vs State Of Rajasthan on 27 October, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15072/2021
1. Mugal Kha S/o Lt. Shri Alhabux, Aged About 54 Years, By
Caste Musalman, R/o Chinnu, Tehsil Pokaran, District
Jaisalmer (Rajasthan).
2. Jume Kha S/o Lt. Shri Alhabux, Aged About 48 Years, By
Caste Musalman, R/o Chinnu, Tehsil Pokaran, District
Jaisalmer (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary (Water
Resources Department) Jaipur, Rajasthan.
2. The Commissioner Colonization, Bikaner.
3. The Dy. Commissioner, Colonization I.g.n.p. , Nachana,
Distt. Jaisalmer.
4. The Colonization Tehsildar, Nachana No. 1, Distt.
Jaisalmer.
5. The Executive Engineer, 24Th Khand / Division, Indra
Gandhi Nahar Pariyojana, Phalodi, District Jodhpur.
----Respondents
For Petitioner(s) : Mr. Parwat Singh Rathore
For Respondent(s) : Mr. Mahendra Vishnoi
JUSTICE DINESH MEHTA
Order
27/10/2021
Mr. Rathore, learned counsel for the petitioners submitted
that the petitioners own/possess land, yet the respondents are not
providing irrigation facilities to the petitioners in view of the
litigation, though, they are having interim order in their favour.
Learned counsel for the petitioners also contended that
number of petitions involving identical grievance have been
(2 of 3) [CW-15072/2021]
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 decision dated 24.10.2017 passed in
SBCWP No.11508/2017 (Gemar Singh Vs. State of Rajasthan &
Ors.).
Mr. Mahendra Vishnoi, 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 petitioners shall be given irrigation
facilities only if, their land falls in the command area.
1. The petitioners shall approach respective Executive Engineer
of IGNP Department by 20.11.2021 and furnish
documentary evidence regarding their ownership and title of
the agriculture lands, which is in their possession.
2. In case the petitioners 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 the said
stay order passed by the departmental authorities or
competent Courts in their favour by 20.11.2021.
(3 of 3) [CW-15072/2021]
3. The respective Executive Engineer of IGNP Department after
verifying the documentary evidence, furnished by the
petitioners, or after taking into consideration the stay order
passed in petitioners' favour by the departmental authorities
or competent courts shall consider the case of the
petitioners for inclusion of his name in barabandi for ensuing
years strictly in accordance with law.
4. It is made clear that the petitioners, who are 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 petitioners are 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
333-A.Arora/-
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