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PUSHPENDRA SINGH BHATI
Jhankar Singh S/o Late Raghbir Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(A) By an appropriate writ order or direction, the order dated 22.09.2022 (Annexure-12) passed by the Superintending Engineer may kindly be declared illegal and be quashed and set aside and order passed by the Executive Engineer may kindly be restored.
(B) Notice dated 01.10.2022 (Annexure-13) may also kindly be declared illegal and quashed and set aside.
(D) Any other appropriate order or relief which this Hon’ble court may deem just and proper in the facts and circumstances of this case may kindly also be passed in favour of the humble petitioners.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners are agriculturists having their agricultural land in 25 BB-II in Murabba No. 65 & 66; petitioner no. 1-Jhankar Singh has agricultural land in Murabba No. 66 from Kila No. 1 to 15 total 12.10 Bighas; petitioner no. 2-Sangaram Singh has remaining land (12.10 Bigha)
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 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....
The central legal point established in the judgment is the consideration of technical aspects and feasibility in disputes over irrigation facility and water rights.
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 ....
The reports by the Ziledar, Junior Engineer, and Assistant Engineer supported the grant of additional naka, and the appellate authority's decision to set aside the order based on the plaintiffs alrea....
The court mandated a reassessment of the irrigation watercourse's impact on agricultural operations, emphasizing adherence to sanction plans and maintaining status quo until a decision is rendered.
The requirement of consent for construction of a water course and the binding nature of concurrent findings of fact.
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