Manish Kumar vs State Of Rajasthan
2022 Latest Caselaw 5440 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15007/2018

Manish Kumar S/o Balwant Rai, Aged About 37 Years, By Caste Arora, R/o Ward No. 25, Tehsil Anoopgarh, District Sri Ganganagar.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary To The Government, Department Of Irrigation, Secretariat, Jaipur, Rajasthan.

2. Chief Engineer, Irrigation, North, Hanumangarh.

3. Executive Engineer, Water Resources, Anoopgarh Branch, Division-I, Sri-Vijaynagar, District Sri-Ganganagar.

4. District Collector, Sri Ganganagar.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. B.S. Sandhu
For Respondent(s)         :     Ms. Salini Malpani for
                                Ms. Abhilasha Bora

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/04/2022

Heard.

The present writ petition has been preferred for quashing the

order dated 09/05/2018 (Annex.3) passed by the Executive

Engineer, Water Resources, Anoopgarh Branch, Division-I, Sri-

Vijaynagar, District Sri-Ganganagar.

The counsel for the petitioner submits that the controversy

involved in the present case is covered by the judgment passed by

this court in S.B.Civil Writ Petition No.3967/2008 (Krishan

Kumar V/s State of Rajasthan & Ors.) decided on 13.04.2012.

(2 of 2) [CW-15007/2018]

Learned counsel for the respondents is also in agreement

that the controversy involved in the present case is covered by the

judgment passed by this court in Krishan Kumar (supra).

In view of statements so made by the counsel for the

parties, the present writ petition is allowed. The order dated

09/05/2018 (Annex.3) passed by the Executive Engineer, Water

Resources, Anoopgarh Branch, Division-I, Sri-Vijaynagar, District

Sri-Ganganagar is quashed. The petitioner is directed to prefer an

application for supply of irrigation water to the land in question

before the Executive Engineer, Water Resources, Anoopgarh

Branch, Division-I, Sri-Vijaynagar, District Sri-Ganganagar afresh.

The Executive Engineer, Water Resources, Anoopgarh

Branch, Division-I, Sri-Vijaynagar, District Sri-Ganganagar is

directed that in the event of filing such application by the

petitioner, the same shall be considered and decided strictly in

accordance with Rajasthan Irrigation and Drainage Act, 1954 and

rules framed thereunder expeditiously preferably within a period

of four weeks from the date of passing of this order.

In view of direction, the writ petition is disposed of.

The Stay petition also stands disposed of accordingly. The

other pending applications, if any also stand disposed of.

(VINIT KUMAR MATHUR),J 62-SanjayS/-

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