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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN
JAGDEV SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
S.B. Civil Writ Petition No. 14047/2024:
1. The present writ petition has been filed with the following prayers:
“I. The judgment / order dated 28.12.20224 as passed by respondent no.1 in appeal no.94/2023 (Harbhajan Singh & Anr. vs. State of Raj. & Ors.) and the order dated 05.12.2023 passed by Respondent no.2 upon the application preferred by respondent no. 3.may kindly be set-aside and quashed.
II. The application preferred by the present Respondent no.3 (Annex.-3) may kindly be rejected in toto.
III. The respondents may kindly be directed to restore the irrigation supply from the constructed water course up to mid of Kila no.5 of Murabba no.44 and further continue water supply through the diagonally constructed water course for the purpose of connecting to the more than 50-years-old katchawater course.
IV. The respondents may kindly be directed to close the naka i.e. the point created by breaking the pakka water course in the mid of kila no.1 Murabba no.43.
V. Any other relief with this Hon’ble Court deems fit may also kindly be granted in favour of the petitioner.”
2. The main grievance of the petitioner is that consensually a pakka watercourse was built by the Command Area De
The court mandated a reassessment of the irrigation watercourse's impact on agricultural operations, emphasizing adherence to sanction plans and maintaining status quo until a decision is rendered.
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 main legal point established in the judgment is that the orders passed by the Executive Engineer and Superintending Engineer were not sustainable as they violated the provisions of the Rajasthan ....
The court emphasized that interim orders protect petitioners' rights without infringing upon the rights of other legally entitled persons, affirming the necessity of due process in administrative act....
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 central legal point established in the judgment is the requirement to prove the existence of a water course by means of prescription and sanctioned warabandi under the Haryana Canal and Drainage ....
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