Satpal And Ors vs State Of Rajasthan And Ors
2023 Latest Caselaw 10 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4084/2017

1. Satpal S/o Shri Vishambhar Das, B/c Agarwal, Aged about 60 years.

2. Swarn Singh S/o Mehar Singh, B/c Jat Sikh, Aged about 51 years.

3. Buta Singh S/o Shri Baldev Singh, B/c Jat Sikh, Aged about 40 years.

4. Shivpreet Singh S/o Shri Hardeep Singh, B/c Jat Sikh, Aged about 52 Years.

5. Balvinder Singh S/o Santokh Singh, B/c Jat Sikh, Aged about 42 Years.

6. Pawan Kumar S/o Shri Satpal, B/c Agarwal, Aged about 40 years.

7. Makhan Singh S/o Shri Chanad Singh, B/c Jat Sikh, Aged about 55 Years All R/o 14 PSA, Tehsil Raisinghnagar, District Sriganganagar

----Petitioners Versus

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

2. The Superintending Engineer, Irrigation Circle, Sriganganagar

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

----Respondents

For Petitioner(s) : Ms. Kinjal Purohit for Dr. RDSS Kharlia For Respondent(s) : Ms. Khushbu Choudhary for Ms. Abhilasha Bora

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

02/01/2023

Heard learned counsel for the parties.

The present writ petition has been filed against the order

dated 25.01.2017 (Annex.1) passed by the Executive Engineer,

Water Resources South Division, Sriganganagar and the order

(2 of 4) [CW-4084/2017]

dated 14.03.2017 (Annex.3) passed by the Superintending

Engineer, Irrigation Circle, Sriganganagar.

Brief facts of the case are that the petitioners are having

their agricultural fields at Sriganganagar and on a complaint being

filed, a sudden inspection was conducted by the officers of the

respondent-Department, wherein it was noticed that the

petitioners were taking water for irrigation without any authority.

In the circumstances, a theft case was registered against the

petitioners and in view of the inspection report prepared by the

officers of the respondent-Department, the respondent No.3-

Executive Engineer passed the order dated 25.01.2017. Vide order

dated 25.01.2017, the petitioners were punished by debarring

from the water facility for a period of one year and certain

amounts of fine were also imposed on the petitioners. The

petitioners challenged this order of Executive Engineer before the

Superintending Engineer and the Superintending Engineer vide its

order dated 14.03.2017 rejected the appeal preferred by the

petitioners. Hence, the present writ petition has been filed.

This Court on 13.04.2017 while issuing notices to the

respondents passed an order that if the petitioners deposit the

amount of fine in terms of the order impugned, the order to the

extent of debarring the petitioners to avail the facility of irrigation

for a period of one year shall remain stayed.

Learned counsel for the petitioners submits that since the

petitioners have deposited the fine amount, therefore, their water

facility was not disconnected. She submits that the order dated

25.01.2017 was passed in gross violation of the principles of

natural justice without giving any opportunity of hearing to the

petitioners. She further submits that since the order impugned

(3 of 4) [CW-4084/2017]

dated 25.01.2017 has evil consequences, therefore, the hearing in

the matter was a must.

In support of her contentions, learned counsel for the

petitioner has relied upon a judgment of this Court dated

11.09.2007 passed in S.B. Civil Writ Petition No.1131/2006 tilted

as "Sukhmander Singh and Anr. Vs. The Superintending Engineer,

Irrigation Circle, Hanumangarh Sangam and Ors.". She, therefore,

prays that the present writ petition may be allowed and the orders

dated 25.01.2017 and 14.03.2017 may be quashed and set aside.

Per contra, learned counsel for the respondents submits that

on a sudden inspection being conducted by the respondents, the

petitioners were found taking the water from the canal without the

authority of law and a theft case was registered against them,

therefore, the orders passed by the Executive Engineer as well as

the Superintending Engineer do not warrant any interference by

this Court.

I have considered the submissions made at the Bar and have

gone through the orders impugned dated 25.01.2017 as well as

14.03.2017.

The admitted position in the present case is that the

petitioners are the farmers having their lands in the area in

question and on a sudden inspection being conducted by the

officers of the respondent-Department, it was found that they

were getting the irrigation facility without any authority of law and

thus, the Executive Engineer, relying upon the report of the

Assistant Engineer, imposed the penalty upon the petitioners.

Since no opportunity of hearing was provided to the petitioners,

therefore, the order passed by the Executive Engineer was in

violation of the principles of natural justice. Since an adverse

(4 of 4) [CW-4084/2017]

order has been passed against the petitioners, therefore, the

hearing in the matter was required to be extended by the

Executive Engineer before passing such order. The order passed

by the Executive Engineer cannot be sustained in the eye of law,

more particularly, in view of the observations made by this Court

in the case of Sukhmander Singh (supra). It is also noted that in

pursuance of the interim order granted by this Court, the

petitioners have already deposited the penalty amount and,

therefore, the water facility for the period in question was not

disconnected.

In view of the discussions made above, the writ petition is

allowed. The impugned order dated 25.01.2017 (Annex.1) passed

by the Executive Engineer, Water Resources South Division,

Sriganganagar and the order dated 14.03.2017 (Annex.3) passed

by the Superintending Engineer, Irrigation Circle, Sriganganagar

are quashed and set aside.

However, it is made clear that the penalty amount deposited

by the petitioners in pursuance of the directions issued by this

Court on 13.04.2017 shall not be reimbursed to the petitioners.

(VINIT KUMAR MATHUR),J 72-/Vivek/-

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