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2015 DIGILAW 1227 (RAJ)

Kashmir Singh v. State of Rajasthan

2015-07-03

ARUN BHANSALI

body2015
JUDGMENT 1. - This writ petition has been filed by the petitioners seeking directions to the respondents to act upon the applications of the petitioners vide Annexure-9 and Annexure-10 to construct water course along the stone line from the land of the petitioners through Killa No.5, 6, 15, 16, 25 to 23 of Square No.33 dismantling diagonal water course in Square No.33 of Chak 5 PS Tehsil Raisinghnagar, District Sriganganagar and a prayer has also been made seeking quashing of the orders dated 6.9.2011 and 25.3.2011. 2. Several pleas and submissions have been made by learned counsel for the petitioners, which have been vehemently opposed by counsel appearing for the respondents No.8 & 9, who has appeared on caveat. 3. Looking to the controversy raised by the petitioners, it is apparent that the issue needs to be decided by the authorities appropriately and the same cannot be adjudicated under writ jurisdiction as the same requires determination of issues which can only be dealt with by the authorities under the Irrigation and Drainage Act, 1954 ('the Act'). 4. It is submitted that on the one hand, the applications filed by the petitioners Annexure-9 and 10 are pending consideration with the authorities without passing any order, the construction of permanent water course is being undertaken at the existing diagonal water course, which would frustrate the applications filed by the petitioners. 5. In the facts and circumstances of the case, the interest of justice would be met, if the respondent No.5 Executive Engineer, South Division, Water Resources, Sriganganagar is directed to decide the application filed by the petitioners (Annex.-9) within a period of one week from today. 6. There is a dispute between the parties regarding the status of construction at the existing diagonal water course. While learned counsel for the petitioners submits that the work is still in progress, counsel for the respondents-caveator's submits that the work is already over. 7. In the circumstances, it would be appropriate that the status quo qua the construction regarding the water course in Square No.33 be directed to be maintained as it exists today only till the application is decided by the respondent No.5 Executive Engineer. 8. 7. In the circumstances, it would be appropriate that the status quo qua the construction regarding the water course in Square No.33 be directed to be maintained as it exists today only till the application is decided by the respondent No.5 Executive Engineer. 8. So far as prayer made by learned counsel for the petitioner regarding quashing of orders dated 6.9.2011 and 25.3.2011 is concerned, as the prayer made in Annex.-9 is different from what was decided by the said orders, there is no need to disturb the said orders, which were passed way-back in the year 2011 and have attained finality. 9. Consequently, the writ petition is disposed of with a direction to the respondent No.5 to decide the application dated 25.6.2015 (Annex.9) filed by the petitioner latest by 10.7.2015 and till the decision of the application by the Executive Engineer, to be decided in any case by 10th of July, 2015, the status quo regarding the construction of water course in Square No.33 shall be maintained. 10. The parties would appear before the Executive Engineer on 6.7.2015 alongwith the certified copy of this order. The Executive Engineer shall provide full opportunity of hearing to all the concerned including the petitioners as well as the respondents No.8 & 9 on all the aspects of the matter.Petition disposed of. *******