Rajasthan High Court - Jodhpur
Kadar Khan vs State Of Rajasthan on 28 October, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16410/2018
Kadar Khan S/o Halim Khan, Aged About 30 Years, Village Post
Bandha, Tehsil And District Jaisalmer.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Water
Resources Department, Jaipur.
2. Commissioner, Colonization, Bikaner.
3. Deputy Commissioner, Colonization, Nachna, District
Jaisalmer.
4. Tehsildar, Colonization No.1, Jaisalmer.
5. Executive Engineer, Tmc, Division, Indira Gandhi Nahar
Pariyozana, Mohangarh, Jaisalmer.
6. Executive Engineer, Indira Gandhi Nahar Pariyojna, 23
Division, Mohangarh, Jaisalmer.
7. Assistant Irrigation Officer, Sub Division I, Tmc Division,
Indira Gandhi Nahar Pariyozana, Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Shreyash Ramdev for
Ms. Anjali Gopa
For Respondent(s) : Mr. Rajdeep Singh Chouhan for
Mr. Manish Tak
JUSTICE DINESH MEHTA
Order
28/10/2021
Mr. Shreyash Ramdev, 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.
(2 of 3) [CW-16410/2018]
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
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. Chouhan, learned counsel appearing for the respondents
in principle agreed that the issue is broadly covered by the said
judgment. However, he apprehended that in guise of the judgment
of this Court, the petitioner is seeking irrigation facilities to his
land, even though he is 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 falls 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 land, 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, he can also furnish copies of the said
(3 of 3) [CW-16410/2018]
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
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 his 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
122-A.Arora/-
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