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2019 Supreme(Raj) 47

SANDEEP MEHTA
LABH SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
H.S. Sidhu, Adv., Narendra Singh Rajpurohit, Adv.

JUDGMENT

Sandeep Mehta, J.

Through this writ petition under Article 226 of the Constitution of India, the petitioner Labh Singh and others, being agriculturists of tehsil Sangaria getting irrigation facility for their fields from the Karni Singh Distributory (hereinafter referred to as 'KSD'), have approached this court with the following prayers :-

(1) to assail the exercise of modernization of KSD being undertaken by the respondents by following the capacity statements Annex.P/3 dated 28.07.2017 issued by the Executive Engineer, Water Resources Department and the capacity statement Annex.P/4 dated 08.06.2018 issued by the Superintending Engineer, Water Resources Department;

(2) to direct the respondents to constitute a committee to prepare a fresh capacity statement of the KSD before modernizing the same; and

(3) to direct the respondents to demolish the construction made upto 9 KSD on basis of the impugned capacity statement dated 28.07.2017 and 08.06.2018 and to restructure the same after procuring the fresh capacity statement prepared by the competent committee/authority.

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