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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MUNNURI LAXMAN, J
OM PRAKASH – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
S.B. Civil Writ Petition No. 20801/2024
1. The present writ petition has been filed challenging the order dated 26.06.2024 whereby the petitioners were deprived of a new construction of pucca watercourse which was earlier sanctioned and simultaneously they were also deprived of allotted volume of the water which they were drawing from the kutcha watercourse.
2. According to learned counsel for the petitioner, these orders have been passed citing an interim order dated 17.02.2023 passed in S.B. Civil Writ Petition No.2927/2023.
3. Ms. Mehali Mehta assistant to Mr. S.S. Rathore, learned Additional Advocate General has sought an adjournment on the ground that further more instructions are required and the copy of the writ petition has also not been served.
4. In this case, still no notices have been issued to the respondents.
5. I have gone through the order passed by this Court in S.B. Civil Writ Petition No.2927/2023 which reads as follows:
“1. Challenging the order dated 17.01.2023, learned counsel for the petitioners submits that the respondents have passed the impugned order simply on the basis of letter/communication sent by District Collector, without following the due procedu
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 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 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....
Disputed factual issues must be adjudicated in civil courts, not through a writ under Article 226.
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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