Kulwant Ram vs State Of Rajasthan
2022 Latest Caselaw 11092 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10008/2022

1. Kulwant Ram S/o Manphool Ram, Aged About 40 Years, Chak 71 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

2. Jaswant Ram S/o Manphool Ram, Aged About 42 Years, Chak 71 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

3. Rajender Prasad S/o Maniram, Aged About 39 Years, Chak 71 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

4. Madanlal S/o Polu Ram, Aged About 47 Years, Chak 71 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

5. Satendra Pal S/o Hariram, Aged About 46 Years, Chak 72 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

6. Om Prakash S/o Ram Pratap, Aged About 60 Years, Chak 72 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

7. Rameshwar Lal S/o Mani Ram, Aged About 45 Years, Chak 72 N.p., Tehsil Raisinghnagar, District Sri Ganganagar.

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary, Water Resource Department, Jaipur, Government Of Rajasthan, Jaipur.

2. Office On Special Duty (Osd), Water Resource Department, Jaipur, Government Of Rajasthan, Jaipur.

3. The District Collector, Sri Ganganagar.

4. The Chief Engineer, Water Resource Department, North, Hanumangarh, Rajasthan.

5. The Superintendent Engineer, Water Resource Department, Circle Sri Ganganagar, District Sri Ganganagar.

6. The Executive Engineer, Water Resource Department, Raisinghnagar Division, District Sri Ganganagar.

7. The Sub Divisional Magistrate, Raisinghnagar, District Sri Ganganagar.

----Respondents Connected With S.B. Civil Writ Petition No. 14712/2021

1. Krishan Lal S/o Shri Chouthu Ram, Aged About 42 Years, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

2. Sohan Lal S/o Shri Teja Ram, Aged About 51 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

3. Kishna Ram S/o Shri Bhoma Ram, Aged About 58 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

4. Bhanwari W/o Shri Dula Ram, Aged About 49 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

5. Dula Ram S/o Shri Magha Ram, Aged About 70 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

6. Bhanwara Ram S/o Shri Kesra Ram, Aged About 61 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

7. Vishna Ram S/o Shri Purkha Ram, Aged About 48 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

8. Dungar Ram S/o Shri Virda Ram, Aged About 55 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

9. Jaspal Singh S/o Shri Gurdev Singh, Aged About 52 Years, By Caste Majhabi Sikh, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

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

11. Teja Ram S/o Shri Ulma Ram, Aged About 43 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

12. Mohan Lal S/o Shri Bhadar Ram, Aged About 46 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

13. Bhoja Ram S/o Shri Idan Ram, Aged About 52 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

14. Dharma Ram S/o Shri Surta Ram, Aged About 40 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

15. Rohtash S/o Shri Amra Ram, Aged About 53 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

16. Mohan Lal S/o Shri Bhagwana Ram, Aged About 60 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

17. Sarwan S/o Shri Bhadar Ram, Aged About 46 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

18. Bega Ram S/o Shri Narayan Ram, Aged About 54 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

19. Sewa Ram S/o Shri Uda Ram, Aged About 47 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

20. Satnam Singh S/o Shri Najar Singh, Aged About 54 Years, By Caste Majhabi Sikh, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

21. Luna Ram S/o Shri Jaisa Ram, Aged About 67 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

22. Ladu Ram S/o Shri Teja Ram, Aged About 55 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

23. Bhiya Ram S/o Shri Chela Ram, Aged About 50 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

24. Dhani Devi W/o Shri Chothu Ram, Aged About 60 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

25. Sultana Ram S/o Shri Kesra Ram, Aged About 52 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

26. Kewal Ram S/o Shri Sonu Ram, Aged About 70 Years, By

Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

27. Chimna Ram S/o Shri Bhadar Ram, Aged About 60 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

28. Shiv Ganesh S/o Shri Mohan Lal, Aged About 35 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

29. Lekhu Ram S/o Shri Panna Ram, Aged About 48 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

30. Bhanwara Ram S/o Shri Panna Ram, Aged About 60 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

31. Ladu Ram S/o Shri Panna Ram, Aged About 55 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

32. Kishna Ram S/o Shri Purkha Ram, Aged About 53 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

33. Jagdish S/o Shri Kesu Ram, Aged About 40 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

34. Chothu Ram S/o Shri Virda Ram, Aged About 70 Years, By Caste Nayak, Resident Of Chak 73 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

----Petitioners Versus

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

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

3. The Executive Engineer (Dio), Water Resources, Sub-

Division-I, Raisinghnagar, District Sri Ganganagar (Rajasthan).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18. Fathe Singh S/o Shri Mani Ram, By Caste Jat, Resident Of

Chak 72 Np, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan).

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

                                                                  ----Respondents


For Petitioner(s)          :     Mr. CS Kotwani
                                 Mr. Sandeep Vishnoi
For Respondent(s)          :     Ms. Abhilasha Bora
                                 Mr. Kanishk Singhvi


         HON'BLE MR. JUSTICE VIJAY BISHNOI
                 Judgment / Order
06/09/2022

S.B. Civil Writ Petition No. 10008/2022

This writ petition is filed by the petitioners seeking a

direction for the respondents/authorities to establish a tail cluster

at the outlet of Chak 72 N.P. pursuant to the orders dated

22.09.2021 and 31.12.2021 respectively passed by the

respondents.

S.B. Civil Writ Petition No. 14712/2021

This writ petition is filed by the petitioners raising objection

with regard to establish a tail cluster at the outlet of Chak at 72

N.P. with a prayer that the impugned order dated 22.09.2021 may

kindly be quashed and set aside.

Learned counsel for the respondent - State Ms. Abhilasha

Bora has submitted that the Water Resources Department has

decided to establish a tail cluster at the outlet of Chak 72 N.P. and

the said decision of the Water Resources Department got

approved by the State Government.

It is submitted that the tail cluster at the outlet of Chak 72

N.P. could not be established as some of the cultivators have

challenged the establishment of the said cluster by way of filing of

SBCWP No.14712/2021.

Learned counsel Mr. CS Kotwani appearing for the petitioners

in writ petition No.10008/2022 has submitted that the

respondents are not implementing their decision of establishing a

tail cluster at the outlet of Chak 72 N.P. without there being any

reasonable cause. It is argued that once the plan for establishing a

tail cluster is approved by the State Government, the Water

Resources Department is required to implement the same. It is

further argued that this Court while exercising writ jurisdiction

cannot interfere in the policy matters, which falls within the

domain of the State Government and its functionaries.

Be that as it may, this Court is of the opinion that once the

plan for establishing tail cluster is approved by the State

Government, this Court while exercising writ jurisdiction cannot

interfere in the same as the same falls within the category of the

policy matters of the State.

Learned counsel appearing for the petitioners in SBCWP

No.14712/21 has failed to demonstrate that this Court while

exercising powers under writ jurisdiction can interfere in the policy

matters of the State, however, he has submitted that the

petitioners are apprehending that with the establishment of a new

tail cluster, the supply of water to the agricultural fields of the

petitioners may adversely affected.

Having heard learned counsel for the parties and after going

through the material available on record, this Court is of the

opinion that the action of the respondents of establishing a tail

cluster at Chak 72 N.P. is not liable to be interfered with as the

agriculturists, who have filed SBCWP No.14712/21 has failed to

demonstrate that the orders passed by the respondents for

establishing the tail cluster at the outlet of Chak 72 N.P. are

contrary to law or suffer from malafides. Whether to construct a

tail cluster or not is purely a policy matter which falls within the

domain of the Government and its functionaries. This Court not

being an expert on the subject, cannot interfere in the policy

decision of the State until it is proved that the same is in violation

of any law or suffers from malafide.

In view of the above, these writ petitions are disposed of

with a direction to the respondents to establish a tail cluster at the

outlet of Chak 72 N.P. after expiry of present kharif crop season,

however, the respondents shall ensure that the volume of the

water supply to the agriculturists will not affect by establishment

of a new cluster at chak 72 N.P.

The respondents shall monitor the water supply to the

agricultural fields of the cultivators for the next six months, and if

they found that the water supply to the fields of any of the farmer

is adversely affected and in relation to that, if any representation

is received from the affected farmers, the respondents shall

objectively consider the complaint/representation and make

appropriate rectification after seeking permission of the State

Government. The respondents shall also ensure that the

agriculturists of the water courses in question, are providing the

sanctioned supply of water as per their entitlement.

With these observations and directions, these writ petitions

are disposed of. Stay petitions are also disposed of.

(VIJAY BISHNOI),J Surabhii/156-157-

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