Dayaram vs State Of Rajasthan
2022 Latest Caselaw 12663 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12656/2021

Dayaram S/o Rawatram, Aged About 65 Years, 6 KWM, At Present Resident Of 34 LNP, Tehsil Padampur, District Sriganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Chief Engineer, Irrigation North, Hanumangarh.

2. The Superintending Engineer, Water Resources Circle, Chattargarh, District Bikaner (Raj.).

3. The Executive Engineer, Water Resources Division, Chattargarh, District Bikaner (Raj.).

4. The President, Water User Association, Kheranwali Minor No. 39, Tehsil Gharsana, District Sriganganagar (Raj.).

                                                                 ----Respondents


For Petitioner(s)          :    Mr. B.S. Sandhu
For Respondent(s)          :    Ms. Saloni Malpani for
                                Ms. Abhilasha Bora
                                Mr. Jayram Saran for
                                Mr. Mahaveer Bishnoi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/10/2022

Heard.

The present writ petition has been preferred for quashing the

order dated 07.04.2021 (Annex.R3) passed by the Executive

Engineer, Water Resources Division, Chattargarh.

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-12656/2021]

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

07.04.2021 (Annex.R3) passed by the Executive Engineer, Water

Resources Division, Chattargarh 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, respondent No. 3 afresh.

The Executive Engineer, Water Resources, 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.

The Executive Engineer, Water Resources shall also consider

the representations filed by the affected persons of the area.

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 451-nitin/-

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