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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, BIPIN GUPTA
Rajesh Kumar, S/o. Shri Sheo Karam – Appellant
Versus
State Of Rajasthan, Through The Chief Engineer – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties (Para 6 , 7 , 8) |
| 3. examination of duty and compliance (Para 9 , 10 , 11 , 12) |
| 4. principles of natural justice applied (Para 13 , 14 , 15 , 16) |
| 5. conclusion and order of the court (Para 17 , 18) |
Order :
1. Heard learned counsel for the parties.
2. The present special appeal has been filed against the order dated 20.02.2024 passed by the learned Single Bench, whereby, the writ petition preferred by the petitioner-appellant has been dismissed.
3. Briefly noted the facts in the present case are that the appellant was elected as President of the Water Users Association Sahuwala on 20.02.2022 and he was also elected as the Chairman of the Water Distribution Committee of HH Canal on 09.03.2022. The respondent No.4 was having an agricultural land in Sahuwala and there was a water turn dispute between the respondent No.4 and his uncle Brij Lal. The on-going dispute was resolved by the Superintending Engineer, Sri Ganganagar by passing an order dated 16.11.2021. The effect of the order dated 16.11.2021 was required to be given to by the Committee/President of the Water Users Association, Sa
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 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....
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 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 cancellation of long-standing water rights without a hearing violates principles of natural justice, necessitating fair process in administrative actions.
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
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 statutory mandate for conducting elections and filling up vacancies in the managing committees of Water Users Associations, and the involvement....
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