JUDGMENT :

1. This writ petition has been preferred under Articles 226 & 227 of the Constitution of India claiming the following reliefs :

“It is, therefore, most humbly and respectfully prayed that this petition for writ may kindly be allowed:

(i) By an appropriate writ order or direction, the letter dated 20.01.2023 (Annexure-2) as well as the order dated 24.02.2023 (Annexure-4) may kindly be declared illegal and without jurisdiction and be quashed and set aside; and

(ii) Further it is prayed that the action of the respondent authorities in sanctioning/demarcating the water course in the petitioner’s land in Murabba No.35 (Revenue) Kila No.1, 10, 11, 20 & 21 may kindly be declared illegal and the respondents may kindly be restrained from constructing any water course in these Kila’s without following the procedure prescribed under the Act of 1955; and

(iii) Further it is prayed that any consequential entries made in the revenue records (Jamabandi) Annexure-5, in consequence to the letter dated 20.01.2023 (Annx.2) as well as the order dated 24.02.2023 (Annx.4) may kindly be declared nonest, illegal and be set aside; and

(iv) 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. As the pleaded facts would reveal, the petitioner’s agricultural land, according to the revenue records, is situated in Chak 2 LNP, Murabba No. 35 Kila No. 1-25 and as per the irrigation records, the same is in 6-D Choti, Murabba No. 60. In order to construct a water course in the petitioner's land, a report was obtained from the Executive Engineer (respondent no.2) on 20.01.2023 by one Jagnandan Singh in which the respondent no.2 stated that the water course in Kila No. 1, 10, 11, 20 and 21 (land in question) was to be recorded in the revenue records.

2.1 Thereafter, the matter was forwarded to the Tehsildar, Ganganagar by the respondent no.4 to make an entry in the revenue records of the water course on 24.02.2023. In consequence, the petitioner’s land was ordered to be taken away, two biswas each, without any compensation. The petitioner along with other agriculturists of Chak filed an application stating therein that there was no water course in the land in question, hence a pucca water course should not be constructed. But since the petitioner’s grievance was not redressed, he has called into question the impugned action on the part of the respondents, by preferring the instant petition, claiming the afore-quoted reliefs.

3. Learned counsel for the petitioner submitted that no water course was running through the land in question and the same was clear from the Jamabandi of Samwat Year 2072-2075 and also from the impugned report of the respondent no.2 wherein it was stated that the water course in Murabba no. 35 in kila no. 1, 10, 11, 20 and 21 is to be recorded in the revenue records; thus only on the basis of the Chak plan, the respondents wished to sanction a new water course.

3.1. Learned counsel further submitted that the Executive Engineer concerned was bound to undertake the proceedings under Sections 21 to 28 of the Irrigation and Drainage Act, 1955 to set apart the petitioner’s land for water course, instead merely upon a report that was sought by Jagnandan Singh, the revenue entries were made. In furtherance, the respondent no.4 had no authority to pass orders for the revenue entries, and thus, the impugned action on part of the respondents is not sustainable in the eye of law.

3.2. Learned counsel also submitted that without any notice, two biswas each of the petitioner’s land was ordered to be taken away, and that too, without any compensation to the petitioner in lieu of the same.

3.3. Learned counsel, in support of his submissions, placed reliance on the judgment rendered by a Coordinate Bench of this Hon’ble Court in the case of Jaspal Singh & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petitio