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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, DR. JUSTICE NUPUR BHATI, J
Balram S/o Sh. Prithvi Raj – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. alteration not requiring approval (Para 20 , 21 , 22 , 23 , 25) |
| 2. appeal dismissed (Para 24) |
JUDGMENT :
1. Heard.
2. With the consent of learned counsel for the parties, this appeal is being finally decided today.
3. This appeal is directed against the impugned order dated 07.10.2024 passed by the learned Single Judge whereby, a bunch of writ petitions led by S.B. Civil Writ Petition No.16135/2024, filed by the petitioners, was dismissed.
4. The factual matrix of the case leading to the impugned order and this appeal are that in the year 2017, a new canal “FTG Minor” was constructed between the outlets Nos.10 to 40 of the main canal Shyam Singh Wala (‘SSW’) comprising 45 outlets. The P-Form qua the new canal “FTG Minor” was prepared in the year 2017 itself and as per the said P-Form, the canal was constructed and the outlets were provided.
5. The appellants-petitioners are those who were beneficiaries of supply of water to the outlets which were opened at that point of time.
6. However, certain complaints were made by another set of agriculturists of Chak 6-FTG complaining that they were not receiving water supply as per the total CCA of the Chak. It is further borne ou
Alterations to align with an approved irrigation distribution system do not require State approval under Rule 11(2) of the Rajasthan Irrigation and Drainage Rules, 1955.
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....
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 Canal Officer's order modifying restoration of a water course was deemed arbitrary and illegal, reaffirming the petitioner's rights under Section 24(1) of the Haryana Canal and Dra....
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 ....
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