Rajasthan High Court - Jodhpur
Hazi Khan vs State Of Rajasthan (2025:Rj-Jd:44833) on 13 October, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:44833]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20024/2025
Hazi Khan S/o Bugal Khan, Aged About 55 Years, R/o Village
Post Sadrau, Tehsil And District Jaisalmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, (Water Resources
Department), Jaipur.
2. Tehsildar-Colonization, Tehsil Mohangarh No.2, District
Jaisalmer.
3. The Executive Engineer (Irrigation), T.m.c. Division Indira
Ghandi Nahar Pariyojana, Mohangrah, District Jaisalmer.
4. The Assistant Engineer (Irrigation), T.m.c. Division Indira
Ghandi Nahar Pariyojana, Mohangrah, District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Priyanshu Gopa
For Respondent(s) : Mr. Digvijay Singh for
Mr. N.S. Rathore, AAG
HON'BLE DR. JUSTICE NUPUR BHATI
Order
13/10/2025
1. Mr. Digvijay Singh, Advocate associate to Mr. Nathu Singh
Rathore, learned Additional Advocate General puts in appearance
on behalf of the respondents.
2. At the outset, learned counsel for the petitioner submits that
the controversy involved in the present writ petition is squarely
covered by the judgment dated 25.01.2016 passed in a bunch of
writ petitions led by S.B. Civil Writ Petition No.13842/2015
(Gulsher Vs. State of Rajasthan), which has been duly followed
by another coordinate Bench in decision dated 24.10.2017 passed
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[2025:RJ-JD:44833] (2 of 3) [CW-20024/2025]
in SBCWP No.11508/2017 (Gemar Singh Vs. State of
Rajasthan & Ors.).
3. Learned counsel for the petitioner submits that the petitioner
owns/possesses land, yet the respondents are not providing
irrigation facilities to the petitioner in view of the litigation, though
he is having interim order in his favour.
4. Learned counsel for the respondents in principal agreed that
the issue is broadly covered, however, apprehended that in guise
of the judgment of this Court, the petitioner is seeking irrigation
facilities to his lands, even when he is not in the command area.
5. 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 petitioner shall be given irrigation
facilities only, if, his 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
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.
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[2025:RJ-JD:44833] (3 of 3) [CW-20024/2025]
(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."
6. The stay application also stands disposed of accordingly.
(DR. NUPUR BHATI),J
28-/Devesh/-
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