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2019 DIGILAW 1822 (RAJ)

Goram Khan S/o Kasam Khan v. State Of Rajasthan

2019-07-01

DINESH MEHTA

body2019
JUDGMENT : 1. The petitioner has preferred the present writ petition seeking following reliefs : “The respondents may be directed to allow/continue the irrigation facility which is available to the agriculture land of the petitioner for years together, the irrigation facility to the agriculture land of the petitioner may not be discontinued and the respondents may be directed to consider case of the petitioner for inclusion of its agriculture land in new barabandi.” 2. A perusal of the writ petition reveals that the petitioner has stated in para No.2 of the petition that he is having cultivatory possession over land of Chak No.3-4 RMSM Murabba No.220/14 and 220/23, situated in village Bandha Nachna whereas no documentary evidence to this effect has been filed. The petitioner has neither stated that as to how the irrigation facility made available to him is being taken away, nor has he placed any such order on record. 3. As against this, the respondents have filed a reply interalia pointing out that the petitioner has been allotted land in Murabba No.220/23, in which irrigation facility is available; whereas no allotment or document of title in favour of the petitioner exits qua Murabba No.220/14, and the same has been recorded as ‘Aarajiraj’ in the concerned revenue record, for which the petitioner is not entitled to get any kind of irrigation facility. 4. In view of the aforesaid, since the petitioner is getting unabated irrigation facility in Murabba No.220/23 for which he possesses a title, no further order can be passed as far as other land situated in Murabba No.220/14 is concerned. Hence, the writ petition being misconceived and bereft of requisite particulars, is dismissed. 5. The stay application No.16491/2018 is also disposed of.