[2025:RJ-JD:44092]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 9087/2019

Amar Singh S/o Shri Surjaram, Aged About 50 Years, Resident

Of Pakka Bhadwa, Tehsil And District Hanumangarh, Rajasthan.

----Petitioner

Versus

1. State Of Rajasthan, Through District Collector,

Hanumangarh, Rajasthan.

2. Chief Engineer, Water Resources North Division,

Hanumangarh Sangam, Tehsil And District Hanumangarh.

3. Executive Engineer, Water Resources Division-I,

Hanumangarh, Tehsil And District Hanumangarh.

4. Superintendent Engineer, Water Resource Circle, Tehsil

And District Hanumangarh.

5. Narendra Kumar S/o Shri Nandram, Aged About 36 Years,

R/o Pakka Bhadwa, Tehsil And District Hanumangarh.

6. Nandram S/o Shri Bhirajram, Aged About 75 Years, R/o

Pakka Bhadwa, Tehsil And District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Nishant Motsara

For Respondent(s) : Mr. Sushil Bishnoi with

Mr. Rahul Mandan

Mr. Mayank Sharma for Ms. Jaya Dadhich, AGC

HON'BLE MS. JUSTICE REKHA BORANA

Order

08/10/2025

1. The present writ petition has been filed aggrieved of judgment and decree dated 17.05.2019 passed by Additional District Judge No.2, Hanumangarh in Civil Appeal No.25/2019 (CIS No.25/2019) whereby the learned Appellate Court while allowing the appeal, reversed the judgment and decree dated

03.04.2019 passed by the Gram Nyayalaya, Hanumangarh in Civil Suit No.20/2015.

2. The facts are that respondent No.6 Nandram preferred an application on 04.02.2009 before the competent authority for sanction of an additional nakka (water course) in kila Nos.17 &18. On the said application been filed, a report was called by the Executive Engineer from the Assistant Engineer who in turn called a report from the concerned Patwari.

3. The Patwari filed a 100% consent report specifying that none of the agriculturists had objection to the said sanction. Acting upon the consent report, the Assistant Engineer recommended for the sanction of the additional nakka (water course).

4. However, while the above application was pending, petitioner Amar Singh moved an application before the Chief Engineer complaining of the illegal nakkas (water course) existing in Chak 30 LLW. On the said application, the Chief Engineer, vide order dated 26.03.2014 (Annexure-6), directed that no illegal nakkas (water course) shall be sanctioned in Chak 30 LLW.

5. In view of the above order of the Chief Engineer, the Executive Engineer proceeded on to reject the application of respondent No.6 vide order dated 28.04.2015 (Annexure-4).

6. Appeal against the above order also stood rejected by the Superintending Engineer vide order dated 09.06.2015 (Annexure-

5).

7. Aggrieved of both the above orders and also of the order dated 26.03.2014 passed by the Chief Engineer, respondent Nos.5 & 6 preferred a Civil Suit for declaration and perpetual injunction.

8. Vide judgment and decree dated 03.04.2019, the learned Civil Court proceeded on to dismiss the suit filed by the plaintiffs on the count that they failed to prove as to why the nakka (water course) already sanctioned in their favour is not sufficient to irrigate their land and further on the count that there was no report filed by any technical specialist affirming the fact that the lands of petitioner qua which he was praying for additional nakka (water course), were below the level of other lands.

9. However, the appellate authority, vide judgment and decree dated 17.05.2019, proceeded on to partly allow the appeal as filed by respondent No.5 and, while declining to set aside order dated 26.03.2014 passed by the Chief Engineer, granted a decree of perpetual injunction in favour of respondent No.5-plaintiff with a direction to the respondents not to close/hinder the existing/running nakka (water course) in kila Nos.17 & 18.

10. Aggrieved of the above judgment & decree dated 17.05.2019, the present writ petition has been filed by the petitioner (defendant No.5).

11. Counsel for the petitioner submits that the learned Appellate Court erred in reversi