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2021 Supreme(Raj) 1129
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Vedpal Singh and Ors. - Appellants
Vs.
State of Rajasthan and Ors. - Respondent
S.B. Civil Writ Petition Nos. 2466, 4764, 6433 and 12634 of 2021
Decided On : 15-03-2021
For the Appellant :Moti Singh and Jogendar Singh, Advocates
For the Respondents:Rekha Borana, AAG, Vishali Parihar, Rakesh Matoria and N.R. Budania, Advocates
Headnote:
Constitution of India, 1950 – Article 226 – Power of High court to issue writs – Petitioner submits that State has arbitrarily stopped water supply in outlet, and thus, State be directed to continue water supply and at same time, interim order is also required that they shall not in any manner obstruct water of any other agriculturist, who is part of Chak including applicants therein - Held, dispute between private parties cannot be resolved in writ jurisdiction unless State is taking a stand, whereby isolating peculiar violators of Barabandi are identified and acted upon - Since it is a temporary arrangement where such violators cannot be excluded from water supply of persons, who are adhering to Barabandi, this Court finds that any interference at this stage would not be possible - Court is also conscious of fact that order, which was passed as an interim order by this Court has been violated by the petitioners, which is clearly reflected, as submitted by AAG - Court also takes note of fact that permanent Barabandi/canal is being laid down and such work is in progress and shall be completed soon, which will enable the State to exclude the defaulters and give water to all eligible - Writ petitions disposed of.
JUDGMENT :
Pushpendra Singh Bhati, J.
1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
2. The petitioners have preferred these writ petitions, in sum and substance, claiming the following relief:-
"By an appropriate writ, order or direction order may kindly be issued and order dated 05.06.2020 (Annex. 5) passed by the respondent no. 3, may kindly be quashed and set aside.
By an appropriate writ order or direction order may kindly issued and the respondent may kindly be directed to provide the water supply in Chak 5 JBR (Jabrasar) from the existing Mogha No. 5 of the Jabrasar minor."
3. Learned counsel for the parties have drawn attention of this Court towards the order passed by this Court on 12.06.2020, which reads as under:-
"Learned counsel for the parties have been heard through video conferencing.
Mr. Rakesh Matoria, learned counsel submits that he has filed an application on behalf of applicants for being impleadment as party respondents to the present writ petition.
Office is directed to tag the same.
Heard learned counsel for the petitioner, learned AAG appearing for the State and learned counsel for the applicants.
Issue notice.
Reply, if any, be filed by the next date.
List the petition on 13.7.2020.
In the meanwhile, the order dated 5.6.2020 (Annex. 4), passed by the Executive Engineer ordering for stopping the water supply in outlet No. 5-JBR shall remain stayed and the water supply shall be resumed.
It is further directed that petitioners shall not in any manner obstruct the water supply of any other agriculturist who is part of the Chak including the applicants herein.
Insofar as, the grievance raised pertaining to the period for which, the water supply is being made, the Executive Engineer keeping in view the total number of cultivators in the Chak would determine the period, for which, each cultivator would be entitled to supply of water and pass appropriate orders in this regard, which would be scrupulously followed by the petitioners and the applicants besides others.
If it is found by the Executive Engineer that the directions issued by him pertaining to the water supply were not being followed and/or water supply is being obstructed by any of the cultivators, he would be free to take appropriate proceedings in accordance with law."
4. Learned counsel for the petitioner submits that the State has arbitrarily stopped the water supply in outlet No. 5 JBR, and thus, the State be directed to continue the water supply and at the same time, the interim order is also required that they shall not in any manner obstruct the water of any other agriculturist, who is part of Chak including the applicants therein.
5. Learned counsel for the petitioners further submits that in case, there is anyone who has violated the aforesaid order of this Court dated 12.06.2020, then their water supply could be stalled by the State but those who are prepared to abide by the Barabandi in question and the temporary arrangement being made, ought not to be deprived of the water supply.
6. Learned Additional Advocate General is present in the Court and submits that they had prepared a Barabandi and were prepared to implement the order dated 12.06.2020 in the true spirit by giving the respective share of water to each one of the entitled persons in outlet no. 5 JBR but unfortunately, some of the petitioners are not adhering to the aforementioned order dated 12.06.2020 and are causing obstruction in the water supply of the other agriculturist and thus, the State has left with no other option but to close the water supply in totality.
7. Learned Additional Advocate General further submits that prayer of the petitioners that only the erring persons ought to be penalized by stopping their water, cannot be accepted because in temporary Barabandi, the arrangements are not such that an isolated closure is made.
8. Learned Additional Advocate General has also submitted Annex. R/20, which is name of the persons, who
