SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Raj) 7943

[2026:RJ-JD:11878]


HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


S.B. Civil Writ Petition No. 1195/2026


Dharampal S/o Rampratap, Aged About 46 Years, Chairman Of Water User Association, N.p.08, Nohar, Hanumangarh, Resident Of Village Padampura, Nohar, District Hanumangarh.----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Irrigation And Water Resource Department, Jaipur.

2. Chief Engineer, Water Resource Department, North, Hanumangarh, Rajasthan.

3. Superintending Engineer, Water Resources Department, Circle Nohar, Hanumangarh, Rajasthan.

4. Executive Engineer, Water Resource Department, North Division, Nohar, Hanumangarh.----Respondents


For Petitioner(s) : Mr. Manoj Choudhary

For Respondent(s) : Mr. Mayank Sharma for Ms. Jaya Dadhich, AGC


HON'BLE MR. JUSTICE KULDEEP MATHUR


12/03/2026


(KULDEEP MATHUR),J


173-Dinesh/-

Order

The present writ petition under Article 226 of the Constitution of India has been filed by the petitioners seeking the following reliefs:-

“It is, therefore, most respectfully and humble prayed that by an appropriate writ, order or direction:

I. The present writ petition may kindly be allowed.

II. Quash and set aside the impugned office order dated 24.12:2025 (Annex.7) passed by the Respondent No.3, whereby the Water User Association, NP-08, Nohar, has been dissolved in purported exercise of powers under Section 45 of the Rajasthan Irrigation Management by Farmers" Participation Act, 2000;

III. Quash and set aside all consequential and connected 26.06.2025, 26.08.2025 and 17.10.2025, the order constituting the committee dated 03.07.2025 and the communication dated 14.11.2025 addressed to the Station House Officer for registration of FIR. being illegal, arbitrary, and violative of principles of natural Justice:

IV. Declare that the dissolution of the entire Managing Committee, including the petitioner and other elected T.C. Members, without issuance of notice or opportunity of heating, is illegal and void:

V. Direct the respondents to restore the Water User Association. NP-08, Nohar, along with its Managing Committee, including the petitioner as Chairman, with all consequential rights, powers, and functions,

VI. Restrain the respondents from taking any coercive criminal or punitive action. including proceedings, against the petitioner on the basis of the impugned order and notices;

VII. Pass an appropriate order, if this Hon'ble Court so deems fit and proper, permitting the petitioner to deposit any sum towards irrigation Aabiyana (Abhiyana Rashi), if found payable upon lawful determination, petitioner humbly undertakes to deposit such amount within the time and manner directed by this Hon'ble Court, without prejudice to his rights and contentions; and the

VIII. Any other order of direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the humble petitioner.”

Having heard learned counsel for the parties and having perused the material available on record, this Court finds that the petitioner was elected as the President of the Water Users Association, NP08.

The case of the petitioner is that, without serving any notice upon him, the respondents, vide order dated 24.12.2025, removed him from the position of Chairman of the Water Users Association, NP08, and also dissolved the managing committee of the said Water Users Association.

This Court, however, upon careful perusal of the case file, 26.06.2025, and 26.08.2025, directed the petitioner to deposit the outstanding irrigation taxes allegedly recovered by him after organizing camps for that purpose along with the employees of the Water Resources Department. However, the petitioner neither deposited the outstanding irrigation taxes nor responded to the notices issued to him. During the course of hearing, learned counsel for the petitioner submitted that the petitioner may be granted one more opportunity to deposit the taxes stated to have been collected by him and, till such time, the respondents may be directed not to give effect to the office order dated 24.12.2025, whereby the managing committee of the Water Users Association, NP08 was dissolved.

This Court finds no merit in the request made on behalf of the petitioner, as despite service of notices, including affixation of the same at his residence and at the Panchayat Bhawan, he failed to respond. A person who has allegedly embezzled government money and thereafter failed to furnish any explanation, and despite being granted opportunities did not deposit the same in the Government Treasury, is not entitled to any sympathy from this Court. The petitioner has utterly failed to point out the violation of any of his fundamental or legal rights.

Consequently, the instant writ petition, as wel

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top