Dula Ram vs The State Of Rajasthan
2022 Latest Caselaw 12347 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 876/2022

1. Dula Ram S/o Shri Magha Ram, Aged About 70 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

2. Bhanwara Ram S/o Shri Kesra Ram, Aged About 61 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

3. Vishna Ram S/o Shri Purkha Ram, Aged About 48 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

4. Dungar Ram S/o Shri Virda Ram, Aged About 55 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

5. Jaspal Singh S/o Shri Gurdev Singh, Aged About 52 Years, By Caste Majhabi Sikh, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

6. Hans Raj S/o Shri Mana Ram, Aged About 50 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

7. Teja Ram S/o Shri Uma Ram, Aged About 43 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

8. Mohan Lal S/o Shri Bhadar Ram, Aged About 46 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

9. Bhoja Ram S/o Shri Idan Ram, Aged About 52 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

10. Dharma Ram S/o Shri Surta Ram, Aged About 40 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

11. Rohtash S/o Shri Amra Ram, Aged About 53 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

12. Mohan Lal S/o Shri Bhagwana Ram, Aged About 60 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

13. Sarwan S/o Shri Bhadar Ram, Aged About 46 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

14. Bega Ram S/o Shri Narayan Ram, Aged About 54 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar,

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District Sri Ganganagar (Raj.).

15. Sewa Ram S/o Shri Uda Ram, Aged About 47 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

16. Satnam Singh S/o Shri Najar Singh, Aged About 54 Years, By Caste Majhabi Sikh, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

17. Luna Ram S/o Shri Jaisa Ram, Aged About 67 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

18. Ladu Ram S/o Shri Teja Ram, Aged About 55 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

19. Bhiya Ram S/o Shri Chela Ram, Aged About 50 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

20. Dhani Devi W/o Shri Chothu Ram, Aged About 60 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

21. Sultana Ram S/o Shri Kesra Ram, Aged About 52 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

22. Kewal Ram S/o Shri Sonu Ram, Aged About 70 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

23. Chima Ram S/o Shri Bhadar Ram, Aged About 60 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

24. Shiv Ganesh S/o Shri Mohan Lal, Aged About 35 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

25. Lekhu Ram S/o Shri Panna Ram, Aged About 48 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

26. Bhanwara Ram S/o Shri Panna Ram, Aged About 60 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

27. Ladu Ram S/o Shri Panna Ram, Aged About 55 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

28. Kishna Ram S/o Shri Purkha Ram, Aged About 53 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

29. Jagdish S/o Shri Kesu Ram, Aged About 40 Years, By

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Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

30. Chothu Ram S/o Shri Virda Ram, Aged About 70 Years, By Caste Nayak, R/o Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

----Appellants Versus

1. The State Of Rajasthan, Through The Chief Engineer, Department Of Irrigation, Water Resources, Hanumangarh (Rajasthan).

2. The Superintending Engineer, Water Resources Circle, Sriganganagr (Rajasthan).

3. The Executive Engineer (Dio), Water Resources, Sub Division-I, Raisinghnagar, District Sriganganagar (Rajasthan).

4. Ladhu Ram S/o Shri Khuma Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

5. Sultan Ram S/o Shri Khuma Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

6. Mani Ram S/o Shri Khuma Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

7. Sahab Ram S/o Shri Arjun Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

8. Mahaveer S/o Shri Laxman Ram, By Caste Brahmin, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

9. Om Prakash S/o Shri Bhura Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

10. Vinod Kumar S/o Shri Het Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

11. Surja Ram S/o Shri Arjan Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

12. Naresh S/o Shri Nathu Ram, By Caste Jat, R/o Chak 71 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

13. Nand Ram S/o Shri Ramdhan, By Caste Suthar, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

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14. Sandeep S/o Shri Bhoop Ram, By Caste Jat, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

15. Jagdish S/o Shri Mewa Ram, By Caste Suthar, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

16. Mahendra Singh S/o Shri Gura Singh, By Caste Jat Sikh, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

17. Jaskaran Singh S/o Shri Janta Singh, By Caste Jat Sikh, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

18. Fathe Singh S/o Shri Mani Ram, By Caste Jat, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

19. Ramesh S/o Shri Sanwla Ram, By Caste Jat, R/o Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.).

----Respondents

For Appellant(s) : Mr. Lokesh Mathur.

For Respondent(s) : --

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

17/10/2022

Heard learned counsel for the appellants.

This appeal has been preferred against the judgment and

order dated 06.09.2022 passed by the learned Single Judge

disposing of the writ petition No.10008/2022 (Kulwant Ram & Ors.

Vs. State of Rajasthan & Ors.) and other connected writ petitions.

The petitioners-appellants were aggrieved by the

establishment of tail cluster at the outlet of Chak No.72 N.P. The

learned Single Judge has observed that once the plan for

establishment of tail cluster is approved by the State Government,

the Court while exercising its extraordinary jurisdiction cannot

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interfere in the matter, inasmuch as, it falls within the policy

matter.

In view of the aforesaid facts and circumstances, we do not

deem it appropriate to entertain this appeal.

The submission of learned counsel for the appellants that

impugned order was not passed by the competent authority of the

State is beyond pleadings as such a submission was neither taken

as a ground in the writ petition nor was raised during the course

of arguments. Therefore, it is not appropriate for this Court to

consider the same at this stage.

The appeal is dismissed.

(SANDEEP MEHTA),J (PANKAJ MITHAL),CJ 21-a.asopa/-

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