[2025:RJ-JD:50504-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1576/2025 Mohd. Ismail S/o Fateh Mohammad, Aged About 58 Years, Resident Of Chak 11 Ksp, Jhambhar, district Hanumangarh.

----Appellant Versus

1. The State Of Rajasthan, Through The Chief Engineer, irrigation North, Hanumangarh (Raj.)

2. The Superintending Engineer, Water Resources Circle,district Hanumangarh (Raj.)

3. The Executive Engineer, Water Resources Division-

Ii,district Hanumangarh (Raj.)

4. The President, Water User Association, Bk-159, Tehsiland District Hanumangarh (Raj.)

5. Hakam Ram S/o Shri Ratana Ram, Resident Of Wardno.5, Chak 11 Ksp Jhambhar, District Hanumangarh (Raj.)

----Respondents For Appellant(s) : Mr. Sudhir Sharma For Respondent(s) : Mr. Surendra Shrimali Mr. Piyush Bhandari for Mr. Praveen Khandelwal Mr. S.K. Shreemali HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

21/11/2025

1. The prayer of the appellant in the special appeal writ is as follows:-

"It is, therefore, respectfully prayed that this petition for writ may kindly be allowed, and (i) By an appropriate writ, order or direction the order impugned dated 04.12.2023 (Annexure-11) passed by the Superintending Engineer, Water Resources Circle, Hanumangarh deserves to be declared illegal and be quashed and set aside; and (ii) By an appropriate writ, order or direction the order impugned dated 21.07.2023 (Annexure-9) passed by the executive Engineer, Water Resources, Division-II, Hanumangarh deserves to be declared illegal and be quashed and set aside; and (iii) Further the water turn slip dated 22.07.2023 (Annexure-10) passed by the Irrigation department, Hanumangarh deserves to be declared illegal and be quashed and set aside; and the previous water turn may kindly be restored.

(iv) Any other writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the humble petitioners.

2. The controversy relates to irrigation water distribution (Barabandi) between command and uncommand land. The respondent–petitioner is an agriculturist holding 24 bighas of land, out of which 22 bighas fall in command land and 2 bighas fall in uncommand land situated in Kila Nos. 1 and 10 of Murabba No. 155/312. Since 1987, the petitioner was receiving uninterrupted irrigation water supply for the entire 24 bighas.

2.1. Orders dated 14.10.2022, 21.07.2023, 04.12.2023, and 25.01.2024 issued by the concerned Water Resources Authorities deducted the water turn and subsequently cancelled the Nakka on the ground that the aforesaid 2 bighas fall in uncommand land and hence were not entitled to water supply.

2.2. Aggrieved thereby, the petitioner filed a writ petition seeking quashing of the impugned orders and restoration of the earlier water turn. The Hon’ble Single Judge allowed the writ petition, granting liberty to the petitioner to apply for conversion of the 2 bighas of uncommand land into command land under the Government policy dated 06.01.2006, and directing the authorities to decide the application strictly in accordance with law. The operative portion of the impugned order dated 03.10.2025 reads as follows:-

"28. Although no prayer for conversion of two bighas of uncommand land to command land has been made in the present writ petitions but then, to curtail the multiplicity of litigation, this Court deems it appropriate to give a liberty to the petitioner to move an appropriate application for conversion of his two bighas of uncommand land to command land in terms of the order dated 06.01.2006 of the State Government. On such application being filed, the respondent Authorities shall be under a direction to decide the same strictly in accordance with order dated 06.01.2006 and in accordance with law."

3. In the present appeal, learned counsel for both sides submitted that the matter may be disposed of by directing the competent authority to decide the conversion ap