Rajasthan High Court - Jodhpur
Hakam Singh vs State Of Raj. & Ors on 19 August, 2016
Author: Sangeet Lodha
Bench: Sangeet Lodha
CIVIL WRIT (CW) No.5059 of 2010
HAKAM SINGH
VS.
STATE OF RAJASTHAN & ORS.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
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CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
Date of Order: 19.8.2016 HON'BLE MR.SANGEET LODHA,J.
Mr. B.S.Sandhu for the Petitioner. Mr.D.R.Kawadia, Deputy Government Counsel. Mr. V.K.Agarwal, for the Respondent no. 4 to 6.
1. This petition is directed against order dated 13.4.10 of the Superintending Engineer, Water Resources Circle, Sri Ganganagar, dismissing the appeal preferred by the petitioner against the order dated 11.7.08 of the Executive Engineer, Water Resources North Division, Sri Ganganagar, refusing to sanction additional naka (Turn Out) for irrigation of his land comprising square no.6 in chak 11H.
CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
2
2. The relevant facts are that the petitioner is having agriculture land 10 bighas and 5 biswas comprising square No.6 in chak 11 H. For irrigation of the petitioner's land, the naka is sanctioned at kila no.25. However, the petitioner was availing the irrigation facility from naka between kila no.22-23. Pursuant to the decision taken by the State Government, the permanent water course was constructed in the year 2006. Accordingly, after construction of permanent water course, the sanctioned naka at kila no.25 was kept open and the naka in between kila no.22-23 was closed. In these circumstances, the petitioner preferred an application before the Executive Engineer for sanctioning additional naka in between kila no.22-23. The Junior Engineer, after taking FKL level, opined that from the sanctioned naka, the petitioner was getting the water at lower level and therefore, it would be appropriate to sanction an additional naka in his favour CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
3 as applied for. The sanction of the additional naka was objected to by the private respondents herein, taking the stand that on sanction of the proposed naka, will lead to dispute regarding filling (bharai) of water course and drawing of water therefrom. It was contended that as per the FSL design, square no.6 is 2 ft. below and therefore, there is absolutely no need of additional naka.
3. The Executive Engineer observed that on account of sanction of additional naka, the filling of water course will change, which is objected to by the other agriculturists. The Executive Engineer opined that the slop of the land is as per the sanctioned naka and therefore, technically, the demand for additional naka is not justified. Accordingly, the application preferred by the petitioner was rejected by the Executive Engineer vide order dated 11.7.08. Aggrieved thereby, an appeal preferred by the petitioner has been dismissed by the Appellate Authority. Hence, this CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
4 petition.
4. Learned counsel appearing for the petitioner contended that the petitioner was availing the irrigation facility from the naka in between kila no.22-23 for last 50 years and the same was not objected to by any agriculturist. Learned counsel submitted that ignoring the technical report submitted by the Junior Engineer, after taking the FKL level and site inspection, the Executive Engineer has erred in declining to sanction the additional naka. Learned counsel submitted that technically the field of the petitioner can only be better irrigated from naka at kila no.22-23 and not from kila no.25. Learned counsel submitted that the Superintending Engineer has also not considered the technical report in correct perspective.
5. On the other hand, the counsel appearing for the respondent submitted that the additional naka can be sanctioned only in exceptional circumstances where the field of an agriculturist is not properly irrigated from CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
5 the sanctioned naka. Learned counsel submitted that since the permanent water courses having been constructed, the problem regarding inadequate water supply to the agriculture field of the petitioner, if any, does not survive. Learned counsel submitted that the Executive Engineer and the Superintending Engineer have examined the technical feasibility of sanction of additional naka objectively and therefore, the contention sought to be raised by the petitioner that the technical report is ignored, is absolutely contrary to record.
6. I have considered the rival submissions and perused the material on record.
7. Indisputably, the water course which was earlier raw, stands converted into permanent water course and there exists a common sanctioned naka for irrigation of the lands comprising square no.6, 9 & 10. It is not disputed that the sanction of the additional CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
6 naka as demanded by the petitioner was objected to by the agriculturists having land in square no.9 & 10. A perusal of the order impugned reveals that after taking into consideration the technical aspects of the matter, the Superintending Engineer has opined that as per the FKL chart there is no difference in level of the rakaba, as per design FSL of water course the square no.6 is below 1½ ft. to 2 ft. and level of the land being between 565.08 to 565.48, the difference is only 5 inch and therefore, the petitioner will have no difficulty in irrigating his land from the naka sanctioned at kila no.25. Obviously, this court cannot sit in appeal over the conclusions arrived at after due consideration of all the technical aspects by the two authorities having expertise in the field.
8. For the aforementioned reasons, in the considered opinion of this court, the order impugned passed by the Superintending Engineer, affirming the order passed by the Executive Engineer, refusing to sanction additional CIVIL WRIT (CW) No.5059 of 2010 HAKAM SINGH VS.
STATE OF RAJASTHAN & ORS.
7 naka in favour of the petitioner, does not warrant interference by this court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India.
9. In the result, the petition fails, it is hereby dismissed. No order as to costs.
(SANGEET LODHA),J.
Aditya/