Gursharan Singh vs State Of Rajasthan
2022 Latest Caselaw 5848 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17004/2018

1. Gursharan Singh S/o Sh. Sukhvinder Singh, Aged About 27 Years, Chak 11 - K, Tehsil Anoopgarh, District Sri Ganganagar

2. Balkaran Singh S/o Sh. Sukhvinder Singh, Aged About 25 Years, Chak 11 - K, Tehsil Anoopgarh, District Sri Ganganagar

3. Kuldeep Kaur W/o Sh. Sukhvinder Singh,, Aged About 58 Years, Chak 11 - K, Tehsil Anoopgarh, District Sri Ganganagar

----Petitioners Versus

1. 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. Saloni Malpani for Ms. Abhilasha Bora

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

21/04/2022

Heard.

The present writ petition has been preferred for quashing the

order dated 25/05/2018 (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

(2 of 2) [CW-17004/2018]

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

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

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

25/05/2018 (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 in light of the

judgment rendered in Krishan Kumar's case 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

123-nitin/-

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