Rajasthan High Court - Jodhpur
Dhayam Khan vs State Of Rajasthan ... on 29 August, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:27496]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12613/2023
1. Dhayam Khan S/o Late Shri Ahmed Khan, Aged About 78
Years, Caste Musalman R/o Shekho Ka Tala, Tehsil -
Pokaran, District - Jaisalmer, Rajasthan.
2. Ilamdeen S/o Late Shri Ahmed Khan, Aged About 48
Years, Caste Musalman R/o Shekho Ka Tala, Tehsil -
Pokaran, District - Jaisalmer, Rajasthan.
3. Hanif Khan S/o Late Shri Ahmed Khan, Aged About 44
Years, Caste Musalman R/o Shekho Ka Tala, Tehsil -
Pokaran, District - Jaisalmer, Rajasthan.
4. Ajij Khan S/o Late Shri Ahmed Khan, Aged About 36
Years, Caste Musalman R/o Shekho Ka Tala, Tehsil -
Pokaran, District - Jaisalmer, Rajasthan.
5. Nizamudeen S/o Shri Allabux, Aged About 33 Years, Caste
Musalman R/o Shekho Ka Tala, Tehsil - Pokaran, District -
Jaisalmer, Rajasthan.
6. Ise Khan S/o Shri Allabux, Aged About 57 Years, Caste
Musalman R/o Shekho Ka Tala, Tehsil - Pokaran, District -
Jaisalmer, Rajasthan.
7. Habu Khan S/o Shri Allabux, Aged About 56 Years, Caste
Musalman R/o Shekho Ka Tala, Tehsil - Pokaran, District -
Jaisalmer, Rajasthan.
8. Jame Khan S/o Shri Allabux, Aged About 43 Years, Caste
Musalman R/o Shekho Ka Tala, Tehsil - Pokaran, District -
Jaisalmer, Rajasthan.
9. Sumar Khan S/o Shri Kabool Khan, Aged About 56 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
10. Khair Khan S/o Shri Kabool Khan, Aged About 43 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
11. Iqbal Khan S/o Shri Kabool Khan, Aged About 40 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
12. Hamas Khan S/o Shri Kabool Khan, Aged About 38 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
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[2023:RJ-JD:27496] (2 of 4) [CW-12613/2023]
13. Mohd. Nawaj S/o Shr Kabool Khan, Aged About 87 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
14. Amerdeen S/o Shri Kabool Khan, Aged About 33 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
15. Barkat Khan S/o Shri Kabool Khan, Aged About 31 Years,
Caste Musalman R/o Shekho Ka Tala, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary (Water
Resources Department) Jaipur Rajasthan.
2. The Commissioner Colonization, Bikaner.
3. The Dy. Commissioner, Colonization I.g.n.p., Nachana,
Distt. - Jaisalmer.
4. The Colonization Tehsildar, Nachana No. 1, Distt. -
Jaisalmer.
5. The Executive Engineer, Mohangarh Tmc Division, Indira
Gandhi Nahar Pariyojna Mohangarh, Jaisalmer.
6. The Assistant Engineer, Mohangarh Tmc Division, Indira
Gandhi Nahar Pariyojna Mohangarh, Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Shrawan Singh Nirban
For Respondent(s) : Mr. Manish Tak, Dy.G.C.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/08/2023
1. Issue notice to the respondents.
2. Mr. Manish Tak, learned Dy. Govt. Counsel accepts notice on
behalf of the respondents.
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[2023:RJ-JD:27496] (3 of 4) [CW-12613/2023]
3. Mr. Chirag Khatri, learned counsel for the petitioners
submitted that the petitioner own/possess land, yet the
respondents are not providing irrigation facilities to the petitioners
in view of the litigation, though they are having interim order in
their favour.
4. Learned counsel for the petitioners also contended that
number of petitions involving identical grievance have been
allowed by this Court, vide judgment dated 25.1.2016, passed in a
bunch of writ petitions led by SBCWP No.13842/2015 (Gulsher
Khan Vs. State of Rajasthan & Ors.); which has been duly followed
by another coordinate Bench in decision dated 24.10.2017 passed
in SBCWPNo.11508/2017 (Gemar Singh Vs. State of Rajasthan &
Ors.).
5. Mr. Manish Tak, learned counsel appearing for the
respondents in principal agreed that the issue is broadly covered,
however, apprehended that in guise of the judgment of this Court,
the petitioners are seeking irrigation facilities to their land, even
when they are not in the command area.
6. Having heard rival submissions, the present writ petition is
disposed of in terms of the following directions given by this Court
in the cases of Gulsher Khan and Gemar Singh(supra), with
further directions that the petitioners shall be given irrigation
facilities only if, their land(s) fall in the command area.
(i) The petitioner shall approach respective Executive
Engineer of IGNP Department within two weeks from
today and furnish documentary evidence regarding
their ownership and title of the agriculture lands, which
is in their possession.
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[2023:RJ-JD:27496] (4 of 4) [CW-12613/2023]
(ii) The petitioner, who is not having any documentary
evidence regarding his ownership and title of the said
agriculture land but the dispute regarding title of the
said agriculture land is pending either before
departmental authorities or before competent courts
and stay order is passed in their favour, can also furnish
copies of said stay order passed by the departmental
authorities or competent courts within two weeks from
today.
(iii) The respective Executive Engineer of IGNP
Department after verifying the documentary evidence,
furnished by the petitioner, or after taking into
consideration the stay order passed in their favour by
the departmental authorities or competent courts shall
consider the cases of the petitioner for inclusion of his
names in barabandi for ensuing years strictly in
accordance with law.
(iv) It is made clear that the petitioner, who is presently
getting the irrigation facilities to their agriculture fields,
will continue to get the same till next barabandi is fixed
by the IGNP Department v) In case land(s) for which
the petitioner is claiming irrigation facilities, do not fall
in culturable command area, the respondents shall not
be bound to provide irrigation facility /barabandi.
7. The stay application also stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI), J.
64-Zeeshan
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