[2025:RJ-JD:52546]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23808/2025 Meere Khan S/o Late Shri Saine Khan, Aged About 68 Years, R/o Mandau, Tehsil And District Jaisalmer, Rajasthan.

----Petitioner Versus

1. The Board Of Revenue, Through Registrar, Rajasthan, Ajmer.

2. The Additional Colonization Commissioner Cum Revenue Appeal Officer, Jaisalmer, Rajasthan.

3. The Deputy Commissioner Colonization, Jaisalmer, Rajasthan.

4. The Assistant Commissioner Colonization, Colonization Tehsil Mohangarh No.2, District Jaisalmer, Rajasthan.

5. The Tehsildar, Colonization, Colonization Tehsil And District Jaisalmer, Rajasthan.

6. Madho Singh S/o Sohan Singh, R/o Pithala, Tehsil And District Jaisalmer, Rajasthan.

7. Lrs. Of Gulab Singh, S/o Sohan Singh

8. Rasal Kanwar, R/o Purana Maliyon Ka Bas, Kishanghat, Jaisalmer.

9. Giri Raj Singh S/o Late Gulab Singh, R/o Purana Maliyon Ka Bas, Kishanghat, Jaisalmer.

10. Dev Pratap Singh S/o Late Gulab Singh, R/o Purana Maliyon Ka Bas, Kishanghat, Jaisalmer.

11. Danpat Singh S/o Late Gulab Singh, R/o Purana Maliyon Ka Bas, Kishanghat, Jaisalmer.

12. Hukum Kanwar D/o Late Gulab Singh, R/o Purana Maliyon Ka Bas, Kishanghat, Jaisalmer.

13. Sawai Singh S/o Sohan Singh, R/o Pithala,tehsil And District Jaisalmer, Rajasthan.

14. Deravar Singh S/o Sohan Singh, R/o Pithala,tehsil And District Jaisalmer, Rajasthan.

Gandhi Nahar Pariyojana, Mohangarh, District Jaisalmer, Raj.

Division, Indira Gandhi Nahar Pariyojana, Mohangarh, District Jaisalmer, Raj.

----Respondents For Petitioner(s) : Mr. Binja Ram Jajra For Respondent(s) : Mr. Ravindra Choudhary for Mr. Nathu Singh Rathore, AAG HON'BLE DR. JUSTICE NUPUR BHATI

Order

05/12/2025

1. Mr. Ravindra Chouhdary associate to Mr. Nathu Singh Rathore, AAG, appears on behalf of the respondents.

2. With the consent of learned counsel for the parties, the matter is finally heard and decided.

3. Mr. Binja Ram Jajra, learned counsel for the petitioner submits that the petitioner own/possess land, yet the respondents are not providing irrigation facilities to the petitioner in view of the litigation, though they are having interim order in their favour.

4. Learned counsel for the petitioner also contended that number of petitions involving identical grievance have been allowed by this Court, vide judgment dated 25.01.2016, passed in a bunch of writ petitions led by SBCWP No.13842/2015 (Gulsher Khan Vs. State of Rajasthan & Ors.); which has been duly followed by another coordinate Bench in decision dated 24.10.2017 passed in SBCWP No.11508/2017 (Gemar Singh Vs. State of Rajasthan &

Ors.).

5. Mr. Ravindra Choudhary associate to Mr. Nathu Singh Rathore, AAG, appearing for the respondents, in principal, agreed that the issue is broadly covered, however, apprehended that in guise of the judgment of this Court, the petitioner is seeking irrigation facilities to their lands, even when they are not in the command area.

6. Having heard rival submissions, the present writ petition is disposed of in terms of the following directions given by this Court in the cases of Gulsher Khan and Gemar Singh (supra), with further directions that the petitioners shall be given irrigation facilities only if, their land(s) fall in the command area.

(I) The petitioner shall approach respective Executive Engineer of IGNP Department within two weeks from today and furnish documentary evidence regarding their ownership and title of the agriculture lands, which is in their possession.

(ii) The petitioner, who is not having any documentary evidence regarding his ownership and title of the said agriculture land but the dispute regarding title of the said agriculture land is pending either before departmental authorities or before competent courts and stay order is passed in their favour, can also furnish copies of said stay order passed by the departmental authorities or competent courts within two weeks from today.

(iii) The respective Executive Engineer of IGNP Department after verifying the docume