merely on account of the pendency of the dispute before the irrigation authority or the courts of competent jurisdiction in respect of any agriculture field falling within the culturable command area in respect whereof 'Barabandi' is sought to be enforced by the respondents, the agriculturist holding such agriculture fields, cannot be debarred from consideration of their claim altogether. Suffice it to say that if an application is made by an agriculturist holding the agriculture land in the area in respect whereof on the basis of the chak plan, 'Barabandi' is sought to be enforced, the same has to be considered on its merits and thus, the note appended in the notification declaring that the agriculture fields in respect whereof dispute is pending consideration before the courts or any stay is operating shall not be included in 'Barabandi', is not sustainable in the eyes of law. 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.”
