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Ram Singh S/o. Shri Kheta Ram by caste Bishnoi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The matter is listed in the ‘Orders’ category, however, with the consent of the learned counsel for the parties, the matter is being heard and disposed of finally today itself.
2. The present writ petition has been filed by the petitioners whereby, a challenge has been laid to the order dated 12.02.2016 passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and the appellate order dated 26.08.2016 passed by the Superintending Engineer, Water Resources Circle, Hanumangarh.
3. Briefly, the facts in the case are that the petitioners are having an agricultural land in Chak No. 9 LKS/B in Tehsil Pilibanga, District Hanumangarh. The petitioners are getting the irrigation facility through a water course which runs through Killa No.1, 9, 13, 17 and 25 of Stone No.2/285. The sanctioned Naka from which the petitioners are presently getting the water supply is between Killa Nos.12 and 13 of Stone No.2/285.
4. On an application being moved by the private respondent nos.2 and 3, the Executive Engineer, Water Resources Division Second, Hanumangarh vide order dated 12.02.2016 canceled the water course which was passing through Murabba No.2/85 and instead, the wat
The main legal point established in the judgment is the requirement for the Executive Engineer to follow due process and the Appellate Authority's findings on the equitable supply of water and the pr....
Fields of parties has been continuing for last 32 years, and thus, after lapse of such a long period, petitioner cannot raise any objection.
The requirement of consent for construction of a water course and the binding nature of concurrent findings of fact.
The Superintending Irrigation Officer has the authority to modify or revise the order passed by the Divisional Irrigation Officer, and adherence to the statutory procedure and consideration of the in....
The main legal point established in the judgment is that the orders passed by the Executive Engineer and Superintending Engineer were not sustainable as they violated the provisions of the Rajasthan ....
Natural justice principles mandate that a party facing civil consequences must be given a hearing, reaffirming that procedures must be followed to avoid arbitrary actions by authorities.
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