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2017 DIGILAW 1576 (RAJ)

Harpal Singh v. State Of Rajasthan

2017-07-14

VIJAY BISHNOI

body2017
JUDGMENT Vijay Bishnoi, J. - These writ petitions have been precisely filed by the petitioners being aggrieved with the order dated 12.01.2016 passed by the District Collector, Sri Ganganagar, wherein it has been provided that the petitioners shall utilize Drip Irrigation System, to the extent of 50% instead of 25%, in their agriculture holdings. 2. The respondent - Rajasthan State Ganganagar Sugar Mill Ltd., Sri Ganganagar has moved an application stating that these writ petitions have become infructuous because the order dated 12.01.2016 passed by the District Collector, Sri Ganganagar was only for the period of one year i.e. 2016-2017. It is submitted that now the Coordination Committee in its meeting dated 14.02.2017 has decided that the agriculturists are bound to implement Drip Irrigation System to their respective agriculture holdings up to 25% only for the year 2017-2018. 3. Learned counsel appearing for the respondent - Irrigation Department has also categorically submitted the existing agriculturists, who are getting water facilities in their respective agriculture fields, will not be forced to implement the Drip Irrigation System to their respective agriculture holdings beyond 25% for the year 2017-2018. 4. In view of the fact that the order dated 12.01.2016 passed by the District Collector, Sri Ganganagar was only for the year 2016-2017 and now the term of the said order has already expired, the application filed by the respondent - Rajasthan State Ganganagar Sugar Mill Ltd., Sri Ganganagar deserves to be allowed. 5. At this stage, Mr. Hemant Jain, learned counsel appearing for some of the petitioners, has argued that in some of the writ petitions the validity of the order dated 16.02.2016 passed by the District Collector, Sri Ganganagar is also under challenge, whereby he has constituted Agriculturists Advisory Committee. 6. It appears from the order dated 16.02.2016 passed by the District Collector, Sri Ganganagar that he has constituted an Advisory Committee for giving advise to the Coordination Committee of the Rajasthan State Ganganagar Sugar Mill Ltd., Sri Gangangar. 7. This Court in the decision dated 07.09.2009 rendered in S.B. Civil Writ Petition Nos.2520/2008 (Satpal Singh & Ors. vs. State of Rajasthan & Ors.) and in the decision dated 15.02.2016 rendered in S.B. Civil Writ Petition Nos.5897/2015 (Amar Singh & Anr. vs. State of Rajasthan & Ors.), 10854/2015 (Resham Singh & Ors. vs. State of Rajasthan & Ors.), 10855/2015 (Kalvinder Singh & Ors. vs. State of Rajasthan & Ors.) and in the decision dated 15.02.2016 rendered in S.B. Civil Writ Petition Nos.5897/2015 (Amar Singh & Anr. vs. State of Rajasthan & Ors.), 10854/2015 (Resham Singh & Ors. vs. State of Rajasthan & Ors.), 10855/2015 (Kalvinder Singh & Ors. vs. State of Rajasthan & Ors.) and 10856/2015 (Manohar Lal & Ors. vs. State of Rajasthan & Ors.) has already held that the only authority having jurisdiction to decide the entitlement of the allocation of water supply to the petitioners'' sugarcane fields is the Coordination Committee of the Rajasthan State Ganganagar Sugar Mill Ltd., Sri Gangangar. The Advisory Committee constituted by the District Collector, Sri Ganganagar vide order dated 16.02.2016 can only give its advise and cannot pass any order regarding entitlement of the petitioners'' water supply. 8. Looking to the facts and circumstances of the case and particularly the fact that the order dated 12.01.2016 passed by the District Collector, Sri Ganganagar was only for the year 2016- 2017 and that order has come to an end, these writ petitions have become infructuous. 9. Accordingly, these writ petitions are dismissed as having become infructuous. 10. It is made clear that the water supply to the agriculture fields of the petitioners for the year 2017-2018 will continue as per the proceedings of the meeting of the Coordination Committee dated 14.02.2017. 11. Stay petitions also stand dismissed.