Rajasthan High Court - Jodhpur
Smt. Indira Devi vs State Of Rajasthan on 29 January, 2021
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1377/2021
1. Smt. Indira Devi W/o Shri Patram, Aged About 48 Years,
B/c Jat, R/o Chak 9 Lmb, Tehsil - Anoopgarh, District- Sri
Ganganagar.
2. Smt. Shimla Devi W/o Shri Jai Singh, Aged About 50
Years, B/c Jat, R/o Chak 9 Lmb, Tehsil - Anoopgarh,
District- Sri Ganganagar.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Water Resources
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The District Collector, Sri Ganganagar.
3. The Superintending Engineer, Water Resourced Circle, Sri
Vijaynagar, District- Sri Ganganagar.
4. The Executive Engineer, Water Resources, Anupgarh
Branch Division I, Sri Vijaynagar, District - Sri
Ganganagar.
----Respondents
For Petitioner(s) : Mr. Narendra Rajpurohit
For Respondent(s) :
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 29/01/2021 The instant writ petition under Article 226 of the Constitution of India has been filed with a limited prayer made by the petitioners that the Executive Engineer, Water Resources, Anupgarh Branch Division I, Sri Vijaynagar, District Sri Ganganagar may be directed to decide the representation of the petitioners as early as possible.
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(2 of 3) [CW-1377/2021]
Learned counsel for the petitioners submits that the
petitioners submitted a detailed representation before the
Executive Engineer, Water Resources, Anupgarh Branch Division I, Sri Vijaynagar, District Sri Ganganagar, but the Executive Engineer, Water Resources, Anupgarh Branch Division I, Sri Vijaynagar, District Sri Ganganagar has not considered the representation till date. Counsel for the petitioners has placed reliance on a decision of the Co-ordinate Bench of this Court in the case of Krishan Kumar V/s State of Rajasthan decided on 13.04.2012. This Court in Krishan Kumar's case (supra) has held as under:-
"8. Indisputably, the allotment of the land in question in favour of the petitioner's predecessor was made as command land by the competent authority after charging the price as required to be paid for irrigation land. It is also a common ground between the parties that the since the land allotted was command land, the irrigation facility was extended to it up to the year 1983. In this view of the matter, the irrigation authorities had no jurisdiction to consider the command land to be uncommond land on their own. As a matter of fact, while deciding the representation made by the petitioner, the respondent authority has proceeded with the presumption that the land in question is uncommond land and the same cannot be converted into command land inasmuch as the adequate water is not available in Anoopgarh Branch of the canal. In considered opinion of this Court, the petitioner's land which was command land when initially allotted could not have been treated to be uncommand land by the irrigation authorities. Thus, the respondent authority has committed an error in treating the land to be uncommand land.
9. The land held by the petitioner being command land the respondent authorities are under obligation to take appropriate steps to provide the irrigation facilities to the said land. The respondent authority has to consider the petitioner's demand for supply of the water in accordance with the provisions of the Rajasthan Irrigation and Drainage Act, 1954 and the Rules made thereunder."
In the aforesaid circumstances, the present writ petition is disposed of with direction that the Executive Engineer, Water (Downloaded on 29/01/2021 at 08:57:09 PM) (3 of 3) [CW-1377/2021] Resources, Anupgarh Branch Division I, Sri Vijaynagar, District Sri Ganganagar shall consider the representation along with the documents filed by the petitioner strictly in accordance with law within a period of two months from the date of receiving certified copy of this order.
(MANOJ KUMAR GARG),J 76-nidhi/-
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