Jalor Singh vs State Of Rajasthan
2022 Latest Caselaw 11323 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7866/2019 Jalor Singh S/o Shri Malkiyat Singh, Aged About 70 Years, By Caste Jat Sikh, Resident Of Chak 11 G Chhoti, Tehsil And District Sriganganagar.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Water Resources, Secretariat, Jaipur.

2. Superintending Engineer, Water Resources Circle, Sriganganagar.

3. Executive Engineer, Water Resources South Division, Sriganganagar.

4. Chairman, Water User Association, Sagarwala.

5. Sukhdev Singh S/o Late Shri Ajit Singh,, By Caste Majhabi Sikh, Resident Of Chak 11G Chhoti, Tehsil And District Sriganganagar.

----Respondents

For Petitioner(s) : Mr. CS Kotwani Mr. Kanishk Singhvi Mr. Anirudh Singh Arha For Respondent(s) : Mr. Manjeet Singh Mr. Gopi Ram Gopal

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

12/09/2022

With the consent of learned counsel for the parties, the

matter is being heard and decided finally today itself.

The present writ petition has been filed with the following

prayers:-

"i.The impugned endorsement dated 25.05.2019/23.05.2019 (Annex. 11) made on the application dated 25.10.2018 filed by the respondent No. 5 may kindly be quashed and set aside;

ii. The respondents may kindly be restrained from changing any water turn which is existing in the name of humble petitioner in any manner."

(2 of 2) [CW-7866/2019]

Learned counsel for the petitioner submits that the Executive

Engineer, Water Resources South Division, Sriganganagar has no

authority to refer the matter to the Assistant Engineer Water

Resources Division II, Raisinghnagar. He further submits that this

endorsement could not have been made in view of the judgments

passed by the Civil Court and Revenue Court in favour of the

petitioner. Learned counsel however, without joining the issue on

merit submits that the Assistant Engineer Water Resources

Division II, Raisinghnagar may be directed to afford an

opportunity of hearing to the petitioner and the petitioner may be

allowed to raise all the objections before the said authority.

The submissions made by the learned counsel for the

petitioner is not opposed by the learned counsel for the

respondents.

In view of the submissions made before this Court, the

present writ petition is disposed of with a direction to the Assistant

Engineer Water Resources Division II, Raisinghnagar to afford an

opportunity of hearing to all the parties including the petitioner

and decide the reference made by the Executive Engineer in

accordance with law.

It is made clear that till the Assistant Engineer Water

Resources Division II, Raisinghnagar decides the case of the

petitioner, the interim order granted by this Court on 17.06.2019

shall be continued.

Stay application as well as other pending applications, if any,

shall stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 63-payal/-

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