Rajasthan High Court - Jodhpur
Birbal Budiya vs State Of Rajasthan on 16 May, 2022
Bench: Manindra Mohan Shrivastava, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 9661/2021
1. Birbal Budiya S/o Hapu Ram, Aged About 37 Years,
Mangal Nagar Guda Vishnoiyan, Luni, Jodhpur Mobile No.
919784354847 Fax Is Not Available And Email Id Is Not
Available.
2. Anada Ram S/o Dhokla Ram, Aged About 70 Years,
Mangal Nagar Guda Vishnoiyan, Luni, Jodhpur Mobile No.
9413107055 Fax Is Not Available And Email Id Is Not
Available.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Public Health Engineering Department, Secretariat, Jaipur
(Rajasthan).
2. The District Collector, Jodhpur.
3. The Chief Engineer, Public Health Engineering
Department, Jodhpur (Rajasthan).
4. The Assistant Engineer, Public Health Engineering
Department, Luni, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Raj Singh Bhati
For Respondent(s) : Mr. Pankaj Sharma AAG
HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
16/05/2022
This PIL petition has been filed by the petitioners for
ensuring water supply system in Village Mangal Nagar and Guda
Vishnoiyan. According to the PIL petitioners, there is scarcity of
water as there is no proper supply system to the inhabitants of
the Dhani and Village stated in the aforesaid two areas.
(2 of 3) [CW-9661/2021]
After reply was filed by the State, we directed the State to
make definite statement with regard to the reason for disruption
to which it was responded by the State counsel by submitting that
due to failure of transformer, 150 connections in the Dhani areas
of Mangal Nagar could not be made operational. The statement
was recorded by us on 09.05.2022 and the case was adjourned.
Learned State counsel upon instruction would submit that
after installation and working of transformer, all connections have
become operational and as and when applications alongwith
necessary fees are submitted for water supply connection the
same is being provided to the inhabitants of the area.
He would also submit that since grievance was also raised
with regard to another village Guda Vishnoiyan, there also upon
instructions, it is submitted that the water supply system is
operational and upon submission of necessary fee, supply
connectivity would be provided.
Learned State counsel would also submit that as on today
when the matter has come up for hearing before this Court there
is increasing water scarcity due to acute summer condition and
therefore all attempts have been made to rationally distribute
water with unavoidable intermittent gaps as is being done in all
the areas where otherwise water supply system is in place.
Having considered the submission learned counsel for the
parties and learned counsel for State with regard to which appeal
has been taken in the matter by putting in place the water supply
system in the areas in respect of which PIL has been filed, we are
of the view that it is no longer necessary to continue this PIL.
This petition is disposed of with the direction to the
respondents that in the area of Mangal Nagar and Guda
(3 of 3) [CW-9661/2021]
Vishnoiyan, as soon as the applications alongwith necessary fee
are submitted before the competent authority who are in charge
of water supply system, the connectivity shall be provided
forthwith without delay so as to ensure that residents of the
aforesaid areas are able to get the necessary quantity of supply of
water for drinking and for other needs.
We may at this stage add a caveat that the supply would be
according to the existing supply system and contraints which are
prevailing in the entire area due to extreme summer condition and
drying sources of water reservoir. Needless to say, the authority
must take all the steps to provide water facility to the resident
area.
(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),ACJ
68-nidhi/neha-
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