IMPORTANT POINT
The central legal point established in the judgment is the authority of the competent body to dissolve the Managing Committee under Section 45 of the Act and the obligation of the petitioner to comply with the directions of the Hon’ble Court.

JUDGMENT :

1. The petitioner has preferred the present writ petition questioning the validity of the order 22.12.2023 (Annexure-9) issued by Superintending Engineer, Water Resources Circle, Sri Ganganagar, and sought following relief(s) :

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

(i) By an appropriate writ, order or direction the order dated 22.12.2023 Annex.9 passed by the Superintendent Engineer is already barred by jurisdiction and hence deserves to be illegal and be quashed and set aside;

(ii) By an appropriate writ, order of direction the respondent be directed to let the petitioner perform his duties on the post of the WUA Sahuwala Chairman/President.

(iii) Any other writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the humble petitioner.”

2. Brief facts of the case are that the petitioner is the elected President of Water User Association, Sahuwala (for brevity, hereinafter referred to as ‘WUA Sahuwala’) since 20.02.2022 and is also the elected Chairman of Distributory Committee of HH Canal since 09.03.2022.

3. There was an ongoing dispute regarding the revenue land and water turn between two brothers, Brij Lal and Chandu Lal, who filed their complaint against the then WUA President. Thereafter, the process was initiated against him. The petitioner in the meanwhile came to be elected as the new WUA President. Thereafter, one Mr. Mohit, private respondent no. 4 in the present petition and the grandson of Chandu Lal, filed a writ petition before this Hon’ble Court being SBCWP No.13262/2023, wherein after hearing the parties, this Hon’ble Court passed an order dated 19.10.2023 (Annexure-3), wherein the respondents were directed to explore the possibilities of starting the water turn as per the available revenue record.

4. After passing of the order dated 19.10.2023 by the Hon’ble Court, Mohit, private respondent no. 4, had filed an application before the Superintending Engineer, Water Resource Circle, Sriganganagar requesting for compliance of order dated 19.10.2023 (Annexure-3). It is contended that the petitioner thereafter issued the water turn slips in accordance with the revenue record, however, the same were not accepted by the parties, therefore, the petitioner had pasted the same on the Notice Board of Gram Panchayat, Sahuwala. The petitioner also issued a temporary water turn proposal, wherein new water turn had been fixed in compliance of the order passed by Hon’ble High Court as well as the Superintending Engineer (Annexure-4). The water turn slips were also pasted on the Notice Board of Gram Panchayat Sahuwala. Thereafter, on the demand of water turn slip raised by the agriculturists, the President of WUA Sahuwala issued a communication dated 25.11.2023 (Annexure-5) in the name of Executive Engineer Water Resources South Division in compliance of the order 19.10.2023 passed by the Hon’ble Court.

5. The Superintending Engineer Water Resource, Circle Sri Ganganagar, issued a Notice dated 19.12.2023 (Annexure-8) directing the petitioner to appear before it on 20.12.2023 at 3:00 PM. It is contended that pursuant to aforesaid notice the petitioner submitted reply and also appeared before him. Thereafter, the Superintending Engineer Water Resource, Circle Sri Ganganagar, issued an Office Order dated 22.12.2023 (Annexure-9), whereby the petitioner has been found guilty under Section 45 of the Rajasthan Farmers Participation in Management of Irrigation System Act, 2000 (hereinafter referred to as 'the Act') and thereby ordered the dissolution of the Committee as well as removal of the petitioner as Chairman.

6. Thus, being aggrieved of the order passed by Superintending Engineer Water Resource, Circle Sri Ganganagar, dated 22.12.2023 (Annexure-9), the petitioner has p