Rajasthan High Court - Jodhpur
Molabux vs State & Ors on 28 July, 2016
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
S.B. CIVIL WRIT PETITION NO.8154/2016
Molabux V/S State of Rajasthan & Ors.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.8154/2016 Molabux V/S State of Rajasthan & Ors.
Date of order : 28.07.2016 HON'BLE MR. JUSTICE VIJAY BISHNOI Mr Arjun Purohit, for the petitioner. Mr Vishal Choudhary for Mr S.S. Ladrecha-AAG, for the respondents.
Issue notice.
Mr Vishal Choudhary for Mr S.S. Ladrecha- AAG accepts notice on behalf of the respondents.
With the consent of learned counsel for the parties, this matter is heard finally at this stage.
It is submitted by learned counsel for the parties that the issue raised in the present writ petition stands squarely covered by judgment of this Court in Gulsher Khan Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.13842/2015, decided on 25.01.2016.
In view of the submissions made, the writ petition is allowed with the similar direction as given in the case of Gulsher Khan (supra), which reads as under:-
S.B. CIVIL WRIT PETITION NO.8154/2016 Molabux V/S State of Rajasthan & Ors.2
"7. In the result, the petitions are allowed. The respondents are directed to consider the applications of the petitioners for inclusion of their agriculture fields in 'Barabandi' sought to be enforced for the purpose of Rabi crop 2015-16 on merits, in accordance with law. It is made clear that the applications made by the petitioners shall not be rejected merely on the ground that the dispute in respect of the agriculture fields prayed to be included in the 'Barabandi' is pending before the departmental authorities or court of competent jurisdiction. It is further clarified that if on account of the note appended, the petitioners' applications have not been entertained, they shall be permitted to make the applications seeking inclusion of their agriculture fields in the proposed 'Barabandi' within a period of two weeks from today. Till the 'Barabandi' is enforced after consideration of the claims of the petitioners and their likes, the irrigation facility already extended to the agriculture fields of the petitioners shall not be curtailed so that the standing crops may not be ruined. No order as to costs."
[VIJAY BISHNOI], J.
Abhishek 27