The court allowed two writ petitions by following the direction given in Gulsher Khan regarding the enforcement of Barabandi and ensuring irrigation for standing crops without curtailing it during pending disputes.
Respondents directed to consider applications for inclusion of agriculture fields in Barabandi on merits; irrigation not to be curtailed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. CIVIL WRIT PETITION N0.2320/2016 Jannat & Ors.
vs .
State of Rajasthan & Ors.
A.B. CIVIL WRIT PETITION N0.2526/2016 Barkat Khan & Ors.
vs.
State of Rajastham& Ors.
Date of Order :: 18.03.2016
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Arjun Purohit, for the petitioners. Mr. S.S. Ladrecha, AAG with Mr. Vilcas Choudhary, for the respondents.
It is submitted by learned counsel for the parties that the issue raised in the present writ petitions stands squarely covered by judgment of this Court in Gulsher Khan v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.13842/2015, decided on In view of the submissions made, the writ petitions are allowed with the similar direction as given in the case of Gulsher Khan (supra), which reads as under:-
"7. In the result, the petitions are allowed. The respondents are directed to consider the applications of the petitioners for inclusion of their agriculture fields in 'Barabandi' sought to be enforced for the purpose of Rabi crop 2015-16 on merits, in accordance with law. It is made clear that the applications made by the petitioners shall not be rejected merely on the ground that the dispute in respect of the agriculture fields prayed to be included in the 'Barabandi' is pending before the departmental authorities or court of competent jurisdiction. It is further clarified that if on account of the note appended, the petitioners' applications have not been entertained, they shall be permitted to make the applications seeking inclusion of their agriculture fields in the proposed 'Barabandi', within a period of two weeks from today. Till the 'Barabandi' is enforced after consideration of the claims of the petitioners and their likes, the irrigation facility already extended to the agriculture fields of the petitioners shall not be curtailed so that the standing crops may not be ruined. No order as to costs."
1 issue framed by the court
Whether the writ petitions should be allowed along the lines of the judgment in Gulsher Khan.
Colour shows how this judgement treated each authority
Gulsher Khan v. State of Rajasthan & Ors.Followed¶11
Gulsher Khan v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13842/2015
Jannat & Ors.
State of Rajasthan & Ors.
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
