Rajasthan High Court - Jodhpur
Gafoor Khan vs State Of Rajasthan on 20 September, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13277/2022
1. Gafoor Khan S/o Late Shri Halim Khan, Aged About 62
Years, Caste Musalman R/o Sakadiya, Tehsil - Pokaran,
District - Jaisalmer, Rajasthan.
2. Smt. Sayla W/o Shri Gafoor Khan, Aged About 4 Years,
Caste Musalman R/o Sakadiya, Tehsil - Pokaran, District -
Jaisalmer, Rajasthan.
3. Miyal Khan S/o Shri Gafoor Khan, Aged About 20 Years,
Caste Musalman R/o Sakadiya, Tehsil - Pokaran, District -
Jaisalmer, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary (Water
Resources Department) Jaipur Rajasthan.
2. The Commissioner Colonization, Bikaner.
3. The Dy. Commissioner, Colonization I.G.N.P., Nachana,
Distt. - Jaisalmer.
4. The Colonization Tehsildar, Nachana No.2, Distt. -
Jaisalmer.
5. The Executive Engineer, Shri Mohangarh TMC Division,
Indra Gandhi Nahar Pariyojna Shri Mohangarh, Jaisalmer.
6. The Executive Engineer, Indra Gandhi Nahar Pariyojna
Phalodi, District Jodhpur.
----Respondents
For Petitioner(s) : Mr. B.R. Jajra
for Mr. S.S. Nirban
For Respondent(s) : Mr. Dinesh Jain
for Mr. Manish Tak
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HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 20/09/2022 Mr. B.R. Jajra, learned counsel for the petitioners has submitted that the petitioners owns/possesses land, yet the respondents are not providing irrigation facilities to the petitioners in view of the litigation though they are having interim order in their favour.
Learned counsel for the petitioners also contended that number of petitions involving identical grievance have been allowed by this Court vide judgment dated 25.01.2016 passed in a bunch of writ petitions led by SBCWP No.13842/2015 (Gulsher Khan Vs. State of Rajasthan & Ors.); which has been duly followed by another Coordinate Bench decision dated 24.10.2017 passed in SBCWP No.11508/2017 (Gemar Singh Vs. State of Rajasthan & Ors.).
Learned counsel appearing for the respondents in principal agreed that the issue is broadly covered, he, however, apprehended that in guise of the judgment of this Court, the petitioner is seeking irrigation facilities to his land, even he is not in command area.
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 petitioners shall be given irrigation facilities only if, their land(s) fall in the command area. (Downloaded on 21/09/2022 at 12:35:42 AM)
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1. The petitioners shall approach respective
Executive Engineer of IGNP Department by
15.10.2022 and furnish documentary evidence regarding their ownership and title of the agriculture lands, which they in their possession.
2. The petitioners, who are not having any documentary evidence regarding their ownership and title of the said agriculture land but their 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 in their favour by 15.10.2022.
3. 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 his favour by the departmental authorities or competent courts shall consider the case of the petitioner for inclusion of his name in barabandi for ensuing years 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. (Downloaded on 21/09/2022 at 12:35:42 AM)
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5. In case land(s) for which the petitioners are claiming irrigation facilities, do not fall in cultivable command area, the respondents shall not be bound to provide irrigation facility/barabandi.
The stay application also stands disposed of accordingly.
(VIJAY BISHNOI),J Abhishek Kumar S.No.186 (Downloaded on 21/09/2022 at 12:35:42 AM) Powered by TCPDF (www.tcpdf.org)