Rajasthan High Court - Jodhpur
Gemar Singh vs State Of Rajasthan & Ors on 24 October, 2017
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11508 / 2017
Gemar Singh S/o Shri Prayag Singh, Aged About 45 Years, By
Caste Rajput R/o Arjana Tehsil & District- Jaisalmer.
----Petitioner
Versus
1. State of Rajasthan Thorugh Secretary, Water Resources
Department, Government of Rajasthan, Jaipur.
2. Executive Engineer, Jaisalmer (23th Division)., I.G.N.P.,
Mohangarh District Jaisalmer.
3. Tehsildar (Colonization), Mohangarh-II, Tehsil Mohangarh,
District Jaisalmer.
----Respondents
CONNECTED WITH
S.B. Civil Writ Petition No. 13064 / 2017
Araj Ali Son of Allabux, Aged About 35 Years, By Caste Musalman,
Resident of Village Bharewala Colonization Tehsil NO. 1 Nachana
District Jaisalmer.
----Petitioner
Versus
1. State of Rajasthan Through the Secretary, (Water Resources
Department), Government of Rajasthan, Jaipur.
2. The Commissioner Colonization, Bikaner.
3. The Assistant Commissioner, Colonization, Mohangarh A,
District Jaisalmer.
4. The Tehsildar, Colonization, Tehsil Mohangarh No. A, District
Jaisalmer.
5. The Executive Engineer, TMC Division, Indira Gandhi Nahar,
Pariyojna, Bhikampur, District Bikaner.
6. The Assistant Engineer (Irrigation), Sub Division I, TMC
Division, Indira Gandhi Nahar, Pariyojna, Bhikampur, District
Bikaner.
----Respondents
S.B. Civil Writ Petition No. 13247 / 2017
Kurban Khan Son of Ajijulla Khan, Aged About 25 Years, By Caste
Musalman, Resident of Village Mandau, Mohangarh, Tehsil &
District Jaisalmer (Raj.)
----Petitioner
(2 of 7)
[CW-11508/2017]
Versus
1. State of Rajasthan Through the Secretary, Water Resources
Department, Jaipur (Raj.)
2. Commissioner Colonization, Bikaner (Raj.)
3. Executive Engineer, TMC Division, Indira Gandhi Nehar
Priyojana, Mohangarh, Jaisalmer (Raj.)
4. Assistant Irrigation Officer, Sub Division First, TMC Divsion,
Indira Gandhi Nehar Priyojana, Jaisalmer (Raj.)
5. Tehsildar Colonization, Tehsil, Mohangarh-I, Distt. Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 13262 / 2017
Hanif Khan Son of Achaar Khan, Aged About 35 Years, By Caste
Musalman, Resident of Village Jasurana, Tehsil & District Jaisalmer
(Raj.)
----Petitioner
Versus
1. State of Rajasthan Through the Secretary, Water Resources
Department, Jaipur (Raj.)
2. Commissioner Colonization, Bikaner (Raj.)
3. Executive Engineer, TMC Division, Indira Gandhi Nehar
Priyojana, Mohangarh, Jaisalmer (Raj.)
4. Assistant Irrigation Officer, Sub Division First, TMC Division,
Indira Gandhi Nehar Priyojana, Jaisalmer (Raj.)
5. Tehsildar Colonization, Tehsil, Mohangarh-I, Distt. Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 13275 / 2017
Safi Khan Son of Dhalu Khan, Aged About 54 Years, By Caste
Musalman, Resident of Hamidnada, Tehsil Mohangarh, District
Jaisalmer (Raj.).
----Petitioner
Versus
1. State of Rajasthan Through the Secretary Water Resources
Department Jaipur (Raj).
2. Commissioner Colonization, Bikaner (Raj.).
3. Executive Engineer, TMC Division, Indira Gandhi Nehar
Pariyojana, Mohangarh, Jaisalmer (Raj.).
4. Assistant Irrigation Officer, Sub Division First, TMC Division,
Indra Gandhi Nehar Pariyojana, Jaisalmer (Raj.).
(3 of 7)
[CW-11508/2017]
5. Tehsildar Colonization Tehsil, Mohangarh-I, Distt. Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 8733 / 2017
Makke Khan Son of Khudu Khan, Aged About 46 Years, Resident of
Village Post Chhatrel, Tehsil and District Jaisalmer.
----Petitioner
Versus
1. State of Rajasthan Through the Secretary, Water Resources
Department, Jaipur.
2. Commissioner, Colonization, Bikaner.
3. Deputy Commissioner, Colonization, Nachna, District
Jaisalmer.
4. Tehsildar, Colonisation No. 1, Jaisalmer.
5. Executive Engineer, TMC, Division, Indira Gandhi Nahar
Pariyozana, Mohangarh, Jaisalmer.
6. Executive Engineer, Indira Gandhi Nahar Pariyojna, 23
Division, Mohangarh, Jaisalmer.
7. Assistant Irrigation Officer, Sub - Division I. TMC Division,
Indira Gandhi Nahar Pariyozana, Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 13377 / 2017
1. Lakhe Khan Son of Girdhari Khan, Aged About 68 Years
2. Sardaru Khan Son of Girdhari Khan
3. Faiju Khan Son of Girdhari Khan
4. Sabir Khan Son of Girdhari Khan
5. Baki Khan Son of Girdhari Khan, All Are Resident of Village
Sakadiya, Tehsil Pokran, District Jaisalmer.
----Petitioners
Versus
1. State of Rajathan Through the Secretary, Water Resources
Department Jaipur.
2. Commissioner, Colonization, Bikaner.
3. Deputy Commissioner, Colonization, Nachna, District
Jaisalmer.
4. Executive Engineer, TMC, Division, Indira Gandhi Nahar
Pariyozana, Mohangarh, Jaisalmer
(4 of 7)
[CW-11508/2017]
5. Assistant Commissioner, Colonization, Mohangarh, Tehsil
Nachna, District Jaisalmer.
6. Assistant Irrigation Officer, Sub - Division I., TMC Division,
Indira Gandhi Nahar Pariyozana, Jaisalmer.
7. Tehsildar, Nachna, Tehsil No. 2, Colonisation Department,
District Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 13380 / 2017
1. Meere Khan Son of Amin Khan, Aged About 50 Years
2. Mohhamadeen Son of Amin Khan
3. Mohhamad Murad Son of Amin Khan
4. Jeewan Khan Son of Amin Khan
5. Smt. Fatima Wife of Late Amin Khan, All Are Resident of
Village Post Nachna, Tehsil Pokran, District Jaisalmer.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Water Resources
Department, Jaipur.
2. Commissioner, Colonization, Bikaner.
3. Deputy Commissioner, Colonization, Nachna, District
Jaisalmer.
4. Executive Engineer, TMC, Division, Indira Gandhi Nahar
Pariyozana, Mohangarh, Jaisalmer.
5. Assistant Commissioner, Colonization, Mohangarh, Tehsil
Nachna, District Jaisalmer.
6. Assistant Irrigation Officer, Sub - Division I., TMC Division,
Indira Gandhi Nahar Pariyozana, Jaisalmer.
7. Tehsildar, Nachna, Tehsil No. 2, Colonisation Department,
District Jaisalmer.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. L.D. Khatri
Mr. Arjun Purohit
Mr. Moti Singh
Mr. Ajeet Daiya
Mr. P.R.S. Udawat
For Respondent(s) : Mr. K.D. Singh
_____________________________________________________
(5 of 7)
[CW-11508/2017]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 24/10/2017 All these writ petitions have been filed by the petitioners, who are the agriculturists, seeking relief from this Court to issue a direction to the Competent Authorities of TMC Division, Mohangarh / 23rd Division, Mohangarh / 19th Division, Jaisalmer / Charanwala Division II, Bikampur of Indira Gandhi Nahar Pariyozana Department (hereinafter to be referred as 'the IGNP Department') to include their names in barabandi for ensuing years 2017-18 for providing irrigation facilities to their agriculture fields.
The petitioners are claiming that either they are Khatedars of the agriculture land, which is in their possession, or they are in possession of agriculture land on account of stay orders passed by the departmental authorities or the competent courts. It is submitted that as per the judgment passed by this Court on 25.01.2016 in Gulsher Khan Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13842/2015) and 82 connected writ petitions they are entitled for getting irrigation facilities to their agriculture fields by inclusion of their names in the barabandi for the ensuing years 2017-18.
The petitioners have claimed that the disputes regarding their title of the land are either decided by the competent courts or pending in the competent courts, hence, till their rights are finally decided, they are entitled for irrigation facilities for their agriculture fields by inclusion of their names in the barabanadi.
Learned counsel appearing for the IGNP Department Mr. K.D. (6 of 7) [CW-11508/2017] Singh has submitted that as per the judgment passed by this Court in Gulsher Khan's case (supra) and 82 connected matters, all the agriculturists, whose cases regarding title of the agriculture land, in which they are in possession, are pending before the departmental authorities or competent courts are entitled to get the irrigation facilities to their agriculture fields and their names will be included in the barabandi for ensuing year 2017-18.
However, it is argued that the persons, who are in unauthorised possession of the government land and are not having any stay order in their favour either from the departmental authorities or competent courts, are not entitled to get irrigation facilities and their names cannot be included in the barabandi for ensuing year 2017-18.
Having heard learned counsel for the parties and having gone through the judgment passed by this Court in Gulsher Khan's case (supra) and 82 connected matters, all these writ petitions are disposed of with the following directions:-
1. The petitioners shall approach respective Executive Engineer of IGNP Department by 30.11.2017 and furnish documentary evidence regarding their ownership and title of the agriculture lands, which is in their possession.
2. Those petitioners, who are not having any documentary evidence regarding their ownership and title of the said agriculture land but their disputes regarding title of the siad agriculture land are pending either before departmental authorities or before competent courts and stay orders are passed in their favour, can also furnish copies of said stay (7 of 7) [CW-11508/2017] orders passed by the departmental authorities or competent courts in their favour by 30.11.2017.
3. The respective Executive Engineer of IGNP Department after verifying the documentary evidence, furnished by the petitioners, or after taking into consideration the stay orders passed in their favour by the departmental authorities or competent courts shall consider the cases of the petitioners for inclusion of their names in barabandi for ensuing year 2017-18 strictly in accordance with law.
4. It is made clear that the petitioners, who are presently getting the irrigation facilities to their agriculture fields, will continue to get the same till next barabandi is fixed by the IGNP Department.
Stay petitions also stand disposed of.
(VIJAY BISHNOI)J. Abhishek Kumar