Mohammad Taiyab vs State Of Rajasthan ...
2023 Latest Caselaw 5181 Raj

Citation : 2023 Latest Caselaw 5181 Raj
Judgement Date : 24 May, 2023

Rajasthan High Court - Jodhpur

Mohammad Taiyab vs State Of Rajasthan ... on 24 May, 2023

Bench: Nupur Bhati

[2023/RJJD/017201]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11291/2021 Mohammad Taiyab S/o Meerje Khan, Aged 40 Years, R/o Sankadiya, Tehsil Pokaran, District Jaiselmer (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Tehsildar Colonization, I.G.N.P., Nachna-2, Jaiselmer (Raj.).

2. The Commissioner, Colonisation, Bikaner (Raj.).

3. The Executive Engineer (Irrigation), TMC Division, Indira Gandhi Nagar Pariyojana, Shri Mohangarh, District Jaiselmer.

4. The Assistant Engineer (Irrigation), TMC Division, Indira Gandhi Nahar Pariyojana, Shri Mohangarh, District Jaiselmer.

5. Smt. Kundai W/o Meerja Khan, Sankadiya, Tehsil Pokaran, District Jaiselmer (Raj.).

                                                                      ----Respondents



For Petitioner(s)              :    Mr. Tej Singh Rathore
For Respondent(s)              :    Mr. Manish Tak



               HON'BLE DR. JUSTICE NUPUR BHATI

                                         Order

24/05/2023

1.    Learned        counsel       for   the     petitioner         submits    that        the

controversy involved in the writ petition is squarely covered by the

decision passed by a Coordinate Bench of this Court in the case of

Lala Vs. State of Rajasthan & Ors. in SB Civil Writ Petition

No.16025/2022.

2. Learned counsel appearing for the respondents is in

agreement that the issue is broadly covered, however,

apprehended that in guise of the judgment of the Court, the

[2023/RJJD/017201] (2 of 3) [CW-11291/2021]

petitioner is seeking irrigation facilities to his land, even when he

is not in command area.

3. Having heard rival submissions, the present writ petition is

disposed of in terms of the judgment passed by a co-ordinate

Bench of this Court in the case of Lala (supra) with the following

directions:-

"1. The petitioner shall approach respective Executive Engineer of IGNP Department within a period of two weeks

from today and furnish documentary evidence regarding his

ownership and title of the agriculture lands, which he in his

possession.

2. The petitioner, who is not having any documentary

evidence regarding his ownership and title of the said

agriculture land but his dispute regarding title of the said

agriculture land is pending either before departmental

authorities or before competent courts and stay order is

passed in his favour, can also furnish copies of said stay

order passed by the departmental authorities or competent

courts in his favour within a period of two weeks from

today.

3. 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 his favour by the departmental authorities or

competent courts shall consider the case of the petitioner

for inclusion of his name in barabandi for ensuing years

strictly in accordance with law.

4. It is made clear that the petitioner, who is presently getting the irrigation facilities to his agricultural field situated at Chak No. 8 GTD Murabba No.223/22 Kila No. 1 to 6, Chak No. 12 GTD Murabba No.182/57 Kila No. 11 to 25, Murabba No. 182/26 Kila No. 11 to 25, Murabba No. 182/27 Kila No. 10 to 24, Chak No.14 GTD Murabba

[2023/RJJD/017201] (3 of 3) [CW-11291/2021]

No.201/22 Kila No. 3 to 20, Chak No. 5 DDM Murabba No 161/37 Kila No 1 to 15, Murabba No. 162/17 Kila No. 1 to 5, 7 to 14, 18 to 19, Murabba no. 152/25 Kila no. 2 to 8, 15 to 17, Murabba No.162/18 Kila No.1 to 15, Murabba No. 161/32 Kila No. 4 to 7, 13 to 18, 23 to 25, Murabba No. 161/55 Kila No. 1 to 15, Murabba No. 161/56 Kila No. 1 to 3, 6 to 7, 9 to 13, 19 to 22, Murabba No. 161/64 Kila No. 1 to 15, Murabba No. 161/63 Kila no. 4 to 8, 13 to 25, Chak No. 6 DDM Murabba No.161/19, Kila No. 3 to 8, Kila No. 13 to 18, Kila No. 23 To 25, Murabba No.161/27 Kila No. 5 to 25 Total 239 Bigha, situated in village Hariyar and Sakadiya, Tehsil Pokaran, District Jaisalmer will continue to get the same, till the next barabandi is is fixed by the IGNP Department.

5. In case land(s) for which the petitioner is claiming irrigation facilities, do not fall in cultivable command area, the respondents shall not be bound to provide irrigation facility/barabandi."