Allu Khan vs State Of Rajasthan ...
2023 Latest Caselaw 8320 Raj

[2023:RJ-JD:34107]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15916/2023

1. Allu Khan S/o Shri Mehrab Khan, Aged About 66 Years, Resident Of Meerwala, Tehsil And District Jaisalmer.

2. Dhole Khan S/o Jamsher Khan, Aged About 69 Years, Resident Of Meerwala, Tehsil And District Jaisalmer.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Water Resources Department, Jaipur.

2. The Commissioner, Colonization, Bikaner.

3. The Dy. Commissioner, Colonization, Nachna, District Jaisalmer.

4. The Executive Engineer, Tmc Division, Indira Gandhi Nahar Pariyozan, Mohangarh, Jaisalmer.

5. The Assistant Irrigation Officer, Sub Division Ii, Tmc Division, Indira Gandhi Nahar Pariyojana, Jaisalmer.

6. Superintending Engineer, Sub Division Ii, Tmc Division, Indira Gandhi Nahar Pariyozana, Jaisalmer.

7. The Assistant Irrigation Officer, Sub Division Ii, Tmc Division, Indira Gandhi Nahar Pariyozana, Jaisalmer.

----Respondents

For Petitioner(s) : Mr. Mahesh Thanvi. For Respondent(s) : Mr. Manish Tak, Dy. G.C.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

10/10/2023

1. Issue notice to the respondents.

2. Mr. Manish Tak accepts notice on behalf of the respondents.

3. Learned counsel for the petitioners submitted that the

petitioners own/possess land, yet the respondents are not

[2023:RJ-JD:34107] (2 of 3) [CW-15916/2023]

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.

(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

[2023:RJ-JD:34107] (3 of 3) [CW-15916/2023]

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 96-/Jitender//-

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