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2019 DIGILAW 1447 (RAJ)

Shiv Shankar Purohit v. State of Rajasthan

2019-05-10

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT 1. The petitioner has preferred the present writ petition seeking the following prayer :- "It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and - I. An appropriate writ direction or order be issued in the nature of mandamus and respondents may be directed to decide the claim of the petitioner and they may be directed to treat the land of the petitioner of Chak 4 BGM(A) measuring 22 Bighas and 12 Biswa as command land mentioned in the survey sheet and consequently provide the irrigation facility to the lands of petitioner." 2. At the outset, learned counsel for the petitioner submits that the petitioner was allotted land measuring about 31 bighas in Chak No. 1 ALM. Thereafter part of land was transferred for irrigation to Chak No. 4 BGM(A) and out of this land, 6 bighas is being irrigated and rest of the land is not being irrigated. Learned counsel for the petitioner submits that due to closure of nursery of forest department, the water which was supplied to nursery became excess and the same was distributed between the agriculturists of Chak No. 4 BGM(A) but the petitioner did not get his share. 3. Learned counsel for the respondents submits that the nursery of forest department was closed and the excess water was conditionally distributed amongst the surrounding farmers but that was only subject to restarting of nursery and if the nursery was to restart, the water was to be withdrawn. Learned counsel for the respondents submits that this was part time arrangement and the petitioners 6 bighas of command land was also included in such distribution. Learned counsel for the respondents, however, submits that since excess water has been admitted by the respondents in the record, which is Annexures-1 & 2, the petitioner needs to be given equitable distribution of such excess water as a consequence of Nursery water being stopped. 4. In light of the above submissions, the present writ petition is disposed of and the petitioner is permitted to submit a representation which shall be decided by the respondents within a period of sixty days from the date of submission of the representation by passing a speaking order, strictly in accordance with law. 4. In light of the above submissions, the present writ petition is disposed of and the petitioner is permitted to submit a representation which shall be decided by the respondents within a period of sixty days from the date of submission of the representation by passing a speaking order, strictly in accordance with law. The respondents shall be required to take into consideration the distribution of excess water on the closure of nursery of forest department and shall have to record in the order that equitable distribution of the excess water is being made.