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NUPUR BHATI
Vijay Singh S/o Prithvi Raj – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The instant writ petition has been preferred by the petitioners challenging the validity of the order dated 19.02.2024 (Annex.19) passed by the Superintending Engineer, Water Resources Circle, Hanumangarh whereby appeal preferred by private respondents No.4 and 5 has been allowed and they have been provided water/irrigation facility from Kila No.5 according ‘ vkढ Plan’ (Internal Field Channel).
2. Briefly stated, the facts of the case are that the petitioners are having their agriculture land in Chak 24 JRK situation in Murabba No.23, ad-measuring 2 Bigha in Kila No.10 and 11 and 5 Bigha in Kila No.22. According to petitioners, an inlet has been sanctioned by the Irrigation Department at Kila No.5 of Murabba No.23. The dispute between the parties arose, when private respondent No.4 Mahavir preferred an application for continuation of ‘ vkढ’ (Internal Field Channel) as per Chief Engineer’s arrangement of ‘ vkढ’ within a square way back in the year 2019 (27.02.2019). In the said application, Mahavir (private respondent No.4) requested for shifting of water turn from Murabba No.23/248 to Murabba No.22/247, which according to petitioners, was related to one Balram. On the s
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 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 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 cancellation of long-standing water rights without a hearing violates principles of natural justice, necessitating fair process in administrative actions.
The requirement of consent for construction of a water course and the binding nature of concurrent findings of fact.
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