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PUSHPENDRA SINGH BHATI
Chet Ram S/o. Raja Ram – Appellant
Versus
Duni Ram S/o. Hira Ram – Respondent
JUDGMENT :
1. This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs :
(i) The impugned order dated 03.08.2023 (Ann.13) passed by8 learned Addl. District Judge No.1, Nohar District Hanumangarh may kindly be quashed and set aside.
(ii) The order dated 20.07.2023 (Ann.11) passed by learned Civil Judge, Nohar District Hanumangarh may kindly be ordered to be maintained.
(iii) The respondent no.3 may kindly be directed to remove the siphon pulia and ordered to construct the pulia as per the permission order dated 11.09.2019 (Annex-1).
(iv) Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioners.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners are having an agricultural land, wherefor they are getting the irrigation facility from pucca water course between stone no.316/402 & stone no.316/403. The respondent no.1 filed an applicat
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 central legal point established in the judgment is the consideration of technical aspects and feasibility in disputes over irrigation facility and water rights.
Construction made in violation of a temporary injunction is liable to be removed by issuance of a mandatory injunction.
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