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NUPUR BHATI
Rajesh Kumar, S/o. Shri Sheo Karam – Appellant
Versus
State of Rajasthan – Respondent
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) :
(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 20.02.202
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 compl....
Natural justice principles mandate that a party facing civil consequences must be given a hearing, reaffirming that procedures must be followed to avoid arbitrary actions by authorities.
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.
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....
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