Smt. Satu vs State Of Rajasthan
2021 Latest Caselaw 16494 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15231/2021

1. Smt. Satu W/o Late Shri Hakim Khan, Aged About 70 Years, B/c Muslman R/o Sakadiya, Tehsil Pokaran, District Jaisalmer (Rajasthan)

2. Movle Khan S/o Late Shri Hakim Khan, Aged About 40 Years, B/c Muslman R/o Sakadiya, Tehsil Pokaran, District Jaisalmer (Rajasthan)

3. Gafoor Khan S/o Late Shri Hakim Khan, Aged About 50 Years, B/c Muslman R/o Sakadiya, 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. 2 Distt Jaisalmer

5. The Executive Engineer Indra Gandhi Nahar Pariyojna Phalodi, Jodhpur.

6. The Executive Engineer Indra Gandhi Nahar Pariyojna Mohangarh, Jaisalmer.

7. The Board Of Revenue, Ajmer

----Respondents

For Petitioner(s) : Mr. Sharwan Singh Nirban For Respondent(s) : Mr. Rajdeep Singh Chouhan for Mr. Manish Tak

JUSTICE DINESH MEHTA

Order

28/10/2021

Mr. Nirban, learned counsel for the petitioners submitted that

the petitioners own/possess land, yet the respondents are not

(2 of 3) [CW-15231/2021]

providing irrigation facilities to the petitioners in view of the

litigation, though, the petitioners are having interim order in their

favour.

Learned counsel for the petitioners 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 petitioners are seeking irrigation

facilities to their 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 land, 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

(3 of 3) [CW-15231/2021]

authorities or before competent Courts and stay order is

passed in their favour, they can also furnish copies of the

said stay order(s) passed by the departmental authorities or

competent Courts in their favour by 20.11.2021.

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(s) passed in petitioners' favour by the departmental

authorities or competent courts shall consider the case of

the petitioners for inclusion of their 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 stands disposed of

accordingly.

(DINESH MEHTA),J

270-A.Arora/-

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