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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Hakam Ram, S/o Sh. Ratana Ram – Appellant
Versus
State Of Rajasthan, Through The Chief Engineer – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding land and water turn. (Para 1) |
| 2. arguments presented by the petitioner and respondent. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis of facts and legal standards. (Para 14 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. court's decision on the maintainability of the petitions. (Para 24 , 25) |
| 5. final orders and directives by the court. (Para 26 , 27 , 28 , 29) |
Order :
REKHA BORANA, J.
1. The brief facts as averred in the writ petitions are as under:
(i) The petitioner being an agriculturist of Chuk 11 KSP has 24 bighas of land out of which 22 bighas is command land and 2 bighas is uncommand.
(ii) However, the petitioner was getting the irrigation facility on the complete 24 bighas of land since the year 1987 i.e. from the time of his forefathers (Palaram, his grandfather).
(iii) In the year 2006, an order was passed by the State Government to the effect that all those agriculturists who had been sanctioned the water turn ¼ckjh½ on uncommand land between the year 1970 to 1995, would be entitled to get their land converted into command land. Despite the petitioner’s 2 bighas of land falling in the said category, it was not co
The cancellation of long-standing water rights without a hearing violates principles of natural justice, necessitating fair process in administrative actions.
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....
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 court upheld the cancellation of land settlement certificates based on procedural compliance and the validity of overlapping land claims.
Orders against deceased individuals are null and void if legal heirs are not substituted and natural justice principles are violated.
Permitting land use under Clause 6(2) does not extend to unauthorized reclamation, and remedies lie in approaching statutory authorities per Section 27A of the Paddy Act.
The court ruled that prior permissions regarding land use are limited and require statutory application for any changes in tenure, reaffirming the need for compliance with land laws.
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