Jagjeet Singh And Ors vs State And Ors. ...
2023 Latest Caselaw 7578 Raj

[2023:RJ-JD:31031]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12806/2011

Jagjeet Singh And Ors.

----Petitioner Versus State And Ors.

----Respondent

For Petitioner(s) : Mr. Kanishk Singhvi for Mr. C.S. Kotwani For Respondent(s) : Mr. Akanksha Choudhary

HON'BLE DR. JUSTICE NUPUR BHATI

Order

21/09/2023

1. Learned counsel for the parties jointly submit that the

controversy involved in the present writ petition is squarely

covered by the judgment passed by this Court in a bunch of writ

petitions led by Randheer Singh & Anr. Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.9129/2015

decided on 22.11.2016), the relevant portion whereof reads as

under:-

"As an upshot of the above discussion, these writ petitions deserve to be and are hereby allowed. The orders impugned in these writ petitions are quashed and struck down to the extent of the petitioners. The respondents are restrained from altering the existing mogas/outlets from which irrigation facility is being provided to the petitioners' fields without seeking prior sanction/permission of the State Government in terms of the amended Rule 11(2) of the Rules of 1955. The respondent irrigation department if so required is given liberty to approach the competent authority of the State Government for issuing sanction to make suitable changes at the disputed locations as per

[2023:RJ-JD:31031] (2 of 2) [CW-12806/2011]

requirements of modernisation and then to proceed further. In case, the irrigation department submits an application to the competent authority of the State Government for issuing sanction for repair/ alteration/change of mogas/outlets in exercise of modernisation, it is expected that such application shall be considered as per the applicable Rules and necessary orders passed thereupon within a period of two months from the date of submission thereof.

The petitioners if so advised shall be at liberty to submit a representation to the State Government for raising their grievances in this regard.

Stay petitions also stand disposed of.

No order as to cost.

A copy of this order be placed in each file."

2. In light of the aforequoted judgment, the present writ

petition is also allowed in the same terms. Stay petition as well as

all other pending applications, if any, also stand disposed of.

3. No order as to costs.

( DR. NUPUR BHATI),J

46-/Devesh/-

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