Iqbal Khan vs The State Of Rajasthan ...
2025 Latest Caselaw 12995 Raj

Citation : 2025 Latest Caselaw 12995 Raj
Judgement Date : 11 September, 2025

Rajasthan High Court - Jodhpur

Iqbal Khan vs The State Of Rajasthan ... on 11 September, 2025

[2025:RJ-JD:40534]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17239/2025

1.       Iqbal Khan S/o Peere Khan, Aged About 50 Years, R/o
         Village Bharewala, Tehsil Pokaran, District Jaisalmer, Raj.
2.       Jumme Khan S/o Iqbal Khan, Aged About 16 Years, Miner
         Through His Natural Guardian / Father Petitioner No. 1, R/
         o Village Bharewala, Tehsil Pokaran, District Jaisalmer,
         Raj.
                                                                    ----Petitioners
                                     Versus
1.       The     State    Of     Rajasthan,           Through       Commissioner
         Colonization, Bikaner.
2.       The Dy. Commissioner, Colonization Nachana, District
         Jaisalmer.
3.       The    Colonization      Tehsildar,       Nachana        No.   1,   District
         Jaisalmer.
4.       The Executive Engineer (Irrigation), 24Th Division, Indira
         Gandhi Nahar Pariyojana, Phalodi, District Phalodi, Raj.
5.       The Assistant Engineer (Irrigation), 24Th Division, Indira
         Gandhi Nahar Pariyojana, Phalodi, District Phalodi, Raj.
6.       The Executive Engineer (Irrigation), 28Th Division, Indira
         Gandhi Nahar Pariyojana, Phalodi, District Phalodi, Raj.
7.       The Assistant Engineer (Irrigation), 28Th Division, Indira
         Gandhi Nahar Pariyojana, Phalodi, District Phalodi, Raj.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Binja Ram
For Respondent(s)          :     Mr. Arpit Samaria,AAAG for
                                 Mr. N.S. Rathore, AAG



               HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

11/09/2025

1. Learned counsel for the petitioners, at the outset, submits

that the controversy raised in the present writ petition is similar to

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[2025:RJ-JD:40534] (2 of 3) [CW-17239/2025]

the one raised in S.B. Civil Writ Petition No.18356/2024

(Aarabdeen Vs. State of Rajasthan and Ors.) decided on

11.11.2024. A Co-ordinate Bench of this Court, disposed of the

said writ petition, while relying upon the judgments passed in a

bunch of writ petitions led by S.B. Civil Writ Petition

No.13842/2015 (Gulsher Vs. State of Rajasthan) decided on

24.10.2017 and S.B. Civil Writ Petition No.11508/2017

(Gemar Singh Vs. State of Rajasthan and Ors.).

2. Learned counsel for the petitioners submits that the present

writ petition may also be disposed of in the same terms as

Aarabdeen (supra). The relevant part of the order is reproduced

herein below:

"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.

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[2025:RJ-JD:40534] (3 of 3) [CW-17239/2025]

(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."

6. The stay application also stands disposed of accordingly."

3. Learned counsel for the respondents vehemently opposed

the submission made on behalf of the petitioner, however, is not in

a position to refute the fact that the issue raised in the present

writ petition is identical to the one adjudicated in the case of

Aarabdeen (supra).

4. In view of the submissions made, the present writ petition is

disposed of in the same terms as was decided in the case of

Aarabdeen (supra).

5. Pending application(s), if any, also stand(s) disposed of.

(SUNIL BENIWAL),J 8-ajayS/-

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