Rajasthan High Court - Jodhpur
Inderjeet Singh And Ors vs State Of Rajasthan And Ors on 9 January, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5066/2018
1. Kalwant Singh S/o. Shri Makhan Singh,
2. Mejar Singh S/o. Shri Sukhchain Singh,
3. Jeet Singh S/o. Shri Chanan Singh,
4. Ram Singh S/o. Shri Banta Singh,
5. Ranjit Singh S/o. Shri Baldev Singh, All By Caste Sikh,
Resident Of Chaks A And B, 20Z, 7 Gba, 48 Gb Tehsil-
Vijaynagar And Sri Ganganagar, District Sri Ganganagar
Raj.
6. Gurmej Singh S/o. Shri Adhar Singh,
7. Bhagwant Singh S/o. Shri Makhan Singh,
8. Gurmukh Singh S/o. Shri Ajit Singh,
9. Jasvinder Singh S/o. Shri Jarnail Singh,
10. Sandeep Singh S/o. Shri Kulwant Singh,
11. Jaideep Singh S/o. Shri Harvinder Singh,
12. Manjeet Singh S/o. Shri Gurdev Singh,
13. Lakhveer Singh S/o. Shri Mahendra Singh,
----Petitioners
Versus
1. The State Of Rajasthan Through The Officer On Special
Duty, Water Resources Department, Government Of
Rajasthan, Jaipur.
2. The Chief Engineer, Water Resources North,
Hanumangarh.
3. The Superintending Engineer, Water Resources Circle, Sri
Ganganagar.
4. The Executive Engineer, Water Resources North Division,
Sri Ganganagar.
5. Rajasthan State Ganganagar Sugar Mills Ltd., Through
Coordination Committee, 23-F, Kameenpura, Tehsil-
Shrikaranpur, District- Sri Ganganagar Raj..
----Respondents
Connected With
S.B. Civil Writ Petition No. 2764/2018
1. Satvinder Singh S/o Shri Gurchain Singh, B/c Jat Sikh,
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R/o Chak 32-H, Tehsil Srikaranpur, District Sri
Ganganagar.
2. Kulvinder Singh S/o Darshan Singh, B/c Jat Sikh, R/o
Chak 32-H, Tehsil Srikaranpur, District Sri Ganganagar.
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Engineer,
Irrigation Circle North, Hanumangarh.
2. Superintending Engineer, Gang Canal, Irrigation Circle,
District Sri - Ganganagar.
3. Executive Engineer, Gang Canal, South Division, District
Sri Ganganagar.
4. The Rajasthan State Ganganagar Sugar Mill Ltd., Sri
Ganganagar, Through Its General Manager,
----Respondents
S.B. Civil Writ Petition No. 4054/2018
1. Sher Singh S/o Gurdev Singh, B/c Jat Sikh R/o Muraba
No. 6 Chak 5 Gba, District Sriganganagar.
2. Amarjeet Singh S/o Gyan Singh, B/c Kamboj Sikh R/o
Chak 5Gb A, District Sriganganagar.
3. Sukdarshan Singh S/o Kishan Singh, B/c Jat Sikh, R/o
Chak 5 Gb A, District Sriganganagar.
4. Pyara Singh S/o Inder Singh, B/c Kamboj Sikh, R/o
Muraba No. 69, Chak 5 Gb B District Sriganganagar.
5. Malkeet Singh S/o Bhagwan Singh, B/c Kamboj Sikh, R/o
Muraba No. 3, Chak 5 Gb B, District Sriganganagar.
6. Nayab Singh S/o Kaur Singh, B/c Kamboj Sikh, R/o
Muraba No. 61, Chak 5 Gb B, District Sriganganagar.
----Petitioners
Versus
1. The State Of Rajasthan, Through Chief Engineer,
Department Of Irrigation, Hanumangarh.
2. The Superintending Engineer, Gang Canal, Irrigation
Circle, Sri Ganganagar.
3. The Executive Engineer, Gang Canal, North Division, Sri
Ganganagar.
4. The Rajasthan State Ganganagar Sugar Mill Ltd., Sri
Ganganagar Through Its General Manager.
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----Respondents
S.B. Civil Writ Petition No. 4330/2018
1. Sadhu Singh S/o Shri Jogendra Singh, By Caste Kamboj
Sikh Resident Of Chak 12 Gb A Tehsil And District Sri
Ganganagar.
2. Arvind Singh S/o Shri Mahendra Singh, By Caste Kamboj
Sikh Resident Of Chak 12 Gb A Tehsil And District Sri
Ganganagar.
3. Magjeet Singh S/o Shri Kuldeep Singh, By Caste Kamboj
Sikh Resident Of Chak 12 Gb A Tehsil And District Sri
Ganganagar.
4. Preetam Singh S/o Shri Jogendra Singh, By Caste Kamboj
Sikh Resident Of Chak 12 Gb B Tehsil And District Sri
Ganganagar.
5. Satnam Singh S/o Shri Mugal Singh, By Caste Kamboj
Sikh Resident Of Chak 12 Gb B Tehsil And District Sri
Ganganagar.
6. Resham Singh S/o Shri Malkit Singh, By Caste Kamboj
Sikh Resident Of Chak 12 Gb B Thsil And District Sri
Ganganagar.
----Petitioners
Versus
1. State Of Rajasthan Through Chief Engineer, Irrigation
Circle North Hanumangarh.
2. The Superintending Engineer Gang Canal, Irrigation Circle
Sri Ganganagar District Sri Ganganagar.
3. The Executive Engineer Gang Canal, South Division Sri
Ganganagar District Sri Ganganagar.
4. The Rajasthan State Ganganagar Sugar Mills Ltd., Sri
Ganganagar Through Its General Manager.
----Respondents
S.B. Civil Writ Petition No. 5067/2018
1. Resham Singh S/o. Shri Malkit Singh,
2. Arvind Singh S/o. Shri Mahendra Singh,
3. Sadhu Singh S/o. Shri Jogendra Singh,
4. Manjeet Singh S/o. Shri Kuldeep Singh,
5. Amarjeet Singh S/o. Gyan Singh,
6. Sukhdarshan Singh S/o Kishan Singh,
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7. Nayab Singh S/o Khau Singh,
8. Malkeet Singh S/o Bhagwan Singh, All By Caste Sikh,
Resident Of Chak 12 Gb A And B, 5 Gb A And B Tehsil
Vijaynagar And Sriganganagar, District Sri Ganganagar
Raj.
----Petitioners
Versus
1. The State Of Rajasthan Through The Officer On Special
Duty, Water Resources Department, Government Of
Rajasthan, Jaipur.
2. The Chief Engineer, Water Resources North,
Hanumangarh.
3. The Superintending Engineer, Water Resources Circle, Sri
Ganganagar.
4. The Executive Engineer, Water Resources North Division,
Sri Ganganagar.
5. Rajasthan State Ganganagar Sugar Mills Ltd., Through
Coordination Committee, 23-F, Kameenpura, Tehsil-
Shrikaranpur, District- Sri Ganganagar Raj..
----Respondents
S.B. Civil Writ Petition No. 5833/2018
1. Inderjeet Singh S/o Amar Singh, B/c Kamboj Sikh, R/o
Muraba No. 56 Chak 49 F-I, District Sriganganagar.
2. Gurdarshn Singh S/o Gurdeep Singh, B/c Kamboj Sikh,
R/o Muraba No. 48 Chak 49 F-I, District Sriganganagar.
3. Gurmeet Singh S/o Daleep Singh, B/c Kamboj Sikh, R/o
Muraba No. 61 Chak 49 F-I, District Sriganganagar.
----Petitioners
Versus
1. The State Of Rajasthan, Through Chief Engineer,
Department Of Irrigation, Hanumangarh.
2. The Superintending Engineer, Gang Canal, Irrigation
Circle, Sri Ganganagar.
3. The Executive Engineer, Ganga Canal, North Division, Sri
Ganganagar.
4. The Rajasthan State Ganganagar Sugar Mill Ltd., Sri
Ganganagar Through Its General Manager.
----Respondents
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S.B. Civil Writ Petition No. 5897/2018
1. Bakshish Singh S/o Shri Gurcharan Singh, By Caste Jat
Sikh Resident Of Chak 1-R-I Tehsil Sri Karanpur District
Sri Ganganagar
2. Gurdeep Singh S/o Shri Gurjant Singh, By Caste Jat Sikh
Resident Of Chak 1-R-I Tehsil Sri Karanpur District Sri
Ganganagar
3. Amolak Singh S/o Shri Surjeet Singh, By Caste Jat Sikh
Resident Of Chak 1-R-I Tehsil Sri Karanpur District Sri
Ganganagar
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Engineer, Irrigation
Circle North Hanumangarh
2. The Superintending Engineer, Gang Canal, Irrigation
Circle Sri Ganganagar District Sri Ganganagar
3. The Rajasthan State Ganganagar Sugar Mills Ltd., Sri
Ganganagar Through Its General Manager.
----Respondents
S.B. Civil Writ Petition No. 6136/2018
1. Jasvindra Singh S/o. Shri Jarnail Singh, Resident Of Chak
49Gha, Tehsil Vijaynagar, District Sriganganagar Raj.
2. Gurmej Singh S/o Shri Achchhar Singh, Resident Of Chak
49Ghb, Tehsil Vijaynagar, District Sriganganagar Raj.
----Petitioners
Versus
1. The State Of Rajasthan Through The Officer On Special
Duty, Water Resources Department, Government Of
Rajasthan, Jaipur.
2. The Chief Engineer, Water Resources North,
Hanumangarh.
3. The Superintending Engineer, Water Resources Circle, Sri
Ganganagar.
4. The Executive Engineer, Water Resources North Division,
Sri Ganganagar.
5. Rajasthan State Ganganagar Sugar Mills Ltd., Through
Coordination Committee, 23-F, Kameenpura, Tehsil- Shri
Karanpur, District- Sri Ganganagar Raj.
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----Respondents
S.B. Civil Writ Petition No. 9890/2018
1. Darshan Singh S/o Shri Shamsher Singh, Aged About 55
Years, Chak 17-Rb, Tehsil Raisinghnagar, District Sri
Ganganagar (Raj.).
2. Jagdish Singh S/o Shri Sardar Singh,, Aged About 45
Years, Chak 17-Rb, Tehsil Raisinghnagar, District Sri
Ganganagar (Raj.).
3. Avtar Singh S/o Shri Gurdeep Singh,, Aged About 45
Years, Chak 17-Rb, Tehsil Raisinghnagar, District Sri
Ganganagar (Raj.).
4. Sohan Lal S/o Shri Gorakha Ram,, Aged About 65 Years,
Chak 17-Rb, Tehsil Raisinghnagar, District Sri Ganganagar
(Raj.).
5. Gurpreet Singh S/o Shri Preetam Singh,, Aged About 55
Years, Chak 17-Rb, Tehsil Raisinghnagar, District Sri
Ganganagar (Raj.).
6. Gurdeep Singh S/o Shri Balveer Singh,, Aged About 38
Years, Chak 17-Rb, Tehsil Raisinghnagar, District Sri
Ganganagar (Raj.).
7. Jagdish Ram S/o Shri Manohar Lal,, Aged About 38 Years,
Chak 17-Rb, Tehsil Raisinghnagar, District Sri Ganganagar
(Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Orricer On Special Duty,
Water Resources Department, Government Of Rajasthan,
Jaipur.
2. The Chief Engineer, Water Resources North,
Hanumangarh.
3. The Superintending Engineer, Water Resources Circle, Sri
Ganganagar.
4. The Executive Engineer, Water Resources, North Division,
Sri Ganganagar.
5. Rajasthan State Ganganagar Sugar Mills Ltd., Through
Coordination Committee, 23-F, Kameenpura, Tehsil-
Shrikaranpur, District- Sri Ganganagar (Raj.).
6. The Chairman, Distribution Samiti R.b. Distributory, Tehsil
Raisinghnagar, District Sriganganagar (Raj.).
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----Respondents
For Petitioner(s) : Mr. Sanjeet Purohit
Mr. C.S. Kotwani.
Dr. RDSS Kharlia
Mr. Mahipal Singh for Mr. Hemant Jain
For Respondent(s) : Mr. Vijay Aggarwal.
Mr. Kanishk Singhvi for Ms. Abhilasha
Kumbhat.
Mr. Gopal Sandhu for Dr. Sachin
Acharya.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 09/01/2020 These writ petitions have been filed by the petitioners seeking a direction to the respondents not to remove the additional pipeline installed in the agriculture fields of the petitioners and continue the water supply in the chaks of the petitioners.
The petitions were filed in relation to the installing of the additional pipelines for the year 2018-19.
Learned counsel for the respondents submitted that on account of the fact that the year for which the water allocation was under challenge, is already over and for subsequent year fresh allocation has been made, the petitions filed by the petitioners have been rendered infructuous.
Reliance has been placed on order in Amar Singh & Anr. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.5897/2015, decided on 15.02.2016.
In the case of Amar Singh (supra), on the above aspect, this Court, inter-alia, observed as under :- (Downloaded on 10/01/2020 at 08:53:00 PM)
(8 of 9) "8. It is not in dispute that the entitlement of the petitioners and their likes for supply of the water to their sugarcane fields through extra pipes is required to be determined as per the norms laid down yearwise. It is also not in dispute that the period of supply of extra water for the sugarcane field of the petitioners and their likes, for the year 2015-16 is to be continued only upto 15.2.16 and thereafter, for the subsequent year i.e. 2016-2017, the matter with regard to determination of supply of extra water to the petitioners' agriculture fields is required to be determined by the Coordination Committee of the Rajasthan State Ganganagar Sugar Mill Limited, inter alia taking into consideration the actual use of the extra water allocated to the petitioners for growing sugarcane in their agriculture field in the preceding year. Thus, question of this Court issuing any general directions to the respondents for allocation of the water to the petitioners' sugarcane fields through extra pipes does not arise. It is always open for the petitioners to make their submissions before the Coordination Committee to continue the water supply through extra pipes and it goes without saying that the petitioners' entitlement shall be considered by the said committee in accordance with the norms laid down."
The above aspect is not disputed by learned counsel for the petitioners that as for the year for which allocation was made, which was under challenge before this Court is already over.
In view of the above fact situation, the writ petitions filed by the petitioners are dismissed as having become infructuous leaving it open for the respondents to make allocation as per the settled practice for the coming year.
However, in view of the fact that irrigation facility is being provided to the petitioners under the interim orders of this Court and it is claimed that sugarcane crop of the petitioners is standing, the petitioners are given liberty to approach the respondents for continuation of the requisite irrigation facility till the crop is harvested and it is expected that if such a representation is made, the same shall be decided objectively and preferably within a period of ten days from the date of submissions thereof. The requisite representations be filed by the petitioners within a period of one week.
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(9 of 9) The irrigation facilities shall not be discontinued till the disposal of the representation made by the petitioners. However, in case, the representation is not made within a period of seven days, the respondents would be free to take a view regarding the continuation of the irrigation facility.
(ARUN BHANSALI),J 193 to 201/-
Rmathur/-
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