Disposed

Mohd. Rafiq v. State of Rajasthan and Ors.

Rajasthan HC24 Oct 2017CW/12738/2017

Case brief

AI extract

What is this about?

The Court disposed of multiple writ petitions seeking inclusion of petitioner names in the barabandi for 2017-18. It directed petitioners to submit ownership proof or stay orders by 30.11.2017 for mandatory consideration by the Executive Engineer regarding irrigation facility inclusion.

What did the court decide?

Petitioners directed to furnish evidence of ownership or stay orders by 30.11.2017 for mandatory inclusion in barabandi 2017-18.

Mohd. Rafiq Vs State of Rajasthan… — Constitutional and Fundamental Rights | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 10855 / 2017

¶3

Smt. Sardara W/o Shri Fateh Khan, Aged About 69 Years

¶4

Abul Malik S/o Shri Fateh Khan, Aged About 41 Years, Both by Caste Musalman, Resident of Sakadiya, Tehsil Pokran, District Jaisalmer.

¶5

----Petitioners

¶6

Versus

¶7

State of Rajasthan Through the Secretary Water Resources Department, Govt. of Rajasthan, Jaipur.

¶8

The Dy. Commissioner, Colonization, Nachna, District Jaisalmer.

¶9

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyozana, Mohangarh, Jaisalmer.

¶10

The Assistant Coloniation, Mohangarh, Tehsil Nachna, District Jaisalmer.

¶11

----Respondents

¶12

CONNECTED WITH

¶13

S.B. Civil Writ Petition No. 11570 / 2017

¶14

Khan Mohd Son of Mithe Khan, Aged About 62 Years, By Caste Musalman, Resident of Village Bahla, Tehsil & District Jaisalmer.

¶15

----Petitioner

¶16

Versus

¶17

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶18

The Commissioner Colonization, Bikaner.

¶19

The Assistant Commissioner, Colonization, Mohangarh A, District- Jaisalmer.

¶20

The Tehsildar, Colonization, Tehsil Mohangarh No. 1, District Jaisalmer.

¶21

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶22

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

----Respondents

(2 of 12)

[CW-10855/2017]

S.B. Civil Writ Petition No. 11584 / 2017

¶27

Tribhuwan Singh S/o Shri Chandan Singh, Aged About 30 Years, By Caste Rajput R/o Arjana Tehsil & District- Jaisalmer.

¶28

----Petitioner

¶29

Versus

¶30

State of Rajasthan Through Secretary, Water Resources Department, Government of Rajasthan, Jaipur.

¶31

Executive Engineer, Jaisalmer (23th Division). I.G.N.P., Mohangarh District Jaisalmer.

¶32

Tehsildar (Colonization), Mohangarh-II, Tehsil Mohangarh District Jaisalmer.

¶33

----Respondents

¶34

S.B. Civil Writ Petition No. 11871 / 2017

¶35

Ajij Khan Son of Kabil Khan, Aged About 30 Years, By Caste Musalman, Resident of Village Bahla, Tehsil & District Jaisalmer.

¶36

----Petitioner

¶37

Versus

¶38

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶39

The Commissioner Colonization, Bikaner.

¶40

The Assistant Commissioner, Colonization, Mohangarh A District Jaisalmer.

¶41

The Tehsildar, Colonization, Tehsil Mohangarh No. 1, District Jaisalmer.

¶42

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyozana, Mohangarh, Jaisalmer

¶43

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶44

----Respondents

¶45

S.B. Civil Writ Petition No. 12005 / 2017

¶46

Smt Noori W/o Raidhan Khan, Aged About 55 Years, By Caste Musalman, Resident of Village Jesurana, Tehsil and District Jaisalmer (Rajasthan)

----Petitioner

Versus

(3 of 12)

[CW-10855/2017]

The State of Rajasthan Through the Secretary, Water Resources Department, Jaipur (Rajasthan).

¶52

The Commissioner Colonization, Bikaner.

¶53

The Deputy Commissioner Colonization, Nachna, District Jaisalmer.

¶54

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyojana, Mohangarh, Jaisalmer.

¶55

The Divisional Irrigation Officer and Executive Engineer, 23rd Division, Indira Gandhi Nahar Pariyojana, Mohangarh, Jaisalmer.

¶56

The Assistant Colonization, Mohangarh, Tehsil Nachana, District Jaisalmer.

¶57

The Assistant Irrigation Officer, Sub Division Ist, TMC Division, Indira Gandhi Nahar Pariyojana, Jaisalmer.

¶58

----Respondents

¶59

S.B. Civil Writ Petition No. 12006 / 2017

¶60

Mohammad Sharif S/o Khamishe Khan, Aged About 27 Years, By Caste Musalman, Resident of Village Kunjaladi, Tehsil and District Jaisalmer (Rajasthan).

¶61

----Petitioner

¶62

Versus

¶63

The State of Rajasthan Through the Secretary, Water Resources Department, Jaipur (Rajasthan).

¶64

The Commissioner Colonization, Bikaner.

¶65

The Deputy Commissioner Colonization, Nachna, District Jaisalmer.

¶66

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyojana, Mohangarh, Jaisalmer.

¶67

The Divisional Irrigation Officer and Executive Engineer, 23rd Division, Indira Gandhi Nahar Pariyojna, Mohangarh, Jaisalmer.

¶68

The Assistant Colonization, Mohangarh, Tehsil Nachana, District Jaisalmer.

¶69

The Assistant Irrigation Officer, Sub Division Ist, TMC Division, Indira Gandhi Nahar Pariyojana, Jaisalmer.

----Respondents

(4 of 12)

CW-10855/2017]

S.B. Civil Writ Petition No. 12007 / 2017

¶74

Jamaldeen S/o Amardeen, Aged About 40 Years, By Caste Musalman, Resident of Village Jesurana, Tehsil and District Jaisalmer (Rajasthan).

¶75

----Petitioner

¶76

Versus

¶77

The State of Rajasthan Through the Secretary, Water Resources Department, Jaipur (Rajasthan).

¶78

The Commissioner Colonization, Bikaner.

¶79

The Deputy Commissioner Colonization, Nachna, District Jaisalmer.

¶80

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyojana, Mohangarh, Jaisalmer.

¶81

The Divisional Irrigation Officer and Executive Engineer, 23rd Division, Indira Gandhi Nahar Pariyojana, Mohangarh, Jaisalmer.

¶82

The Assistant Colonization, Mohangarh, Tehsil Nachana, District Jaisalmer.

¶83

The Assistant Irrigation Officer, Sub Division Ist, TMC Division, Indira Gandhi Nahar Pariyojana, Jaisalmer.

¶84

----Respondents

¶85

S.B. Civil Writ Petition No. 12056 / 2017

¶86

Ibrahim Khan Son of Bhersi Khan, Aged About 61 Years, By Caste Musalman, Resident of Village Shekho Ka Tala, Tehsil Nachana No. 2 District Jaisalmer.

¶87

----Petitioner

¶88

Versus

¶89

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶90

The Commissioner Colonization, Bikaner.

¶91

The Deputy Commissioner, Colonization, Nachna. 2, District Jaisalmer.

¶92

The Tehsildar, Colonization, Tehsil Nachna. 2,, District Jaisalmer.

¶93

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojana, Mohangarh, Jaisalmer.

¶94

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Phalodi Jodhpur.

----Respondents

(5 of 12)

[CW-10855/2017]

S.B. Civil Writ Petition No. 12157 / 2017

¶99

Aalu Khan, Son of Aradeen, Aged About 57 Years, By Caste Musalman, Resident of Village Bahala, Tehsil and District Jaisalmer.

¶100

----Petitioner

¶101

Versus

¶102

The State of Rajasthan, Through the Secretary, Water Resources Department, Government of Rajasthan, Jaipur.

¶103

The Commissioner Colonisation, Bikaner

¶104

The Assistant Commissioner, Colonisation, Mohangarh A, District Jaisalmer.

¶105

The Tehsildar, Colonisation, Tehsil Mohangarh A, District Jaisalmer.

¶106

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyojna, Mohangarh, District Jaisalmer.

¶107

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar Pariyojna, Mohangarh, District Jaisalmer.

¶108

----Respondents

¶109

S.B. Civil Writ Petition No. 12296 / 2017

¶110

Manjhi Khan Son of Badhe Khan, Aged About 60 Years, By Caste Musalman, Resident of Village Bahla, Tehsil & District Jaisalmer.

¶111

----Petitioner

¶112

Versus

¶113

State of Rajasthan Through the Secretary, (water Resources Department), Jaipur.

¶114

The Commissioner Colonization, Bikaner.

¶115

The Assistant Commissioner, Colonization, Mohangarh District Jaisalmer.

¶116

The Tehsildar, Colonization, Tehsil Mohangarh No. 1, District Jaisalmer.

¶117

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶118

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

----Respondents

(6 of 12)

[CW-10855/2017]

S.B. Civil Writ Petition No. 12297 / 2017

¶123

Fateh Mohammed Son of Shri Dilawar Khan, Aged About 37 Years, By Caste Musalman, Resident of Tehsil Nachna, District Jaisalmer At Present Chak 2 GTM, Nachna, District Jaisalmer.

¶124

----Petitioner

¶125

Versus

¶126

State of Rajasthan Through the Secretary, Water Resource Department, Jaipur.

¶127

The Commissioner, Colonization, Bikaner.

¶128

The Deputy Commissioner, Colonization, Nachna, District Jaisalmer.

¶129

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyojna, Mohangarh, Jaisalmer.

¶130

The Assistant Irrigation Officer, Sub Division I, TMC Division, Indira Gandhi Nahar Pariyojna, Nachna, District Jaisalmer

¶131

----Respondents

¶132

S.B. Civil Writ Petition No. 12298 / 2017

¶133

Najarband Son of Khudu Khan, Aged About 45 Years, By Caste Musalman, Resident of Village Bharewala, Colonization Tehsil Nachana No. 2 District Jaisalmer.

¶134

----Petitioner

¶135

Versus

¶136

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶137

The Commissioner Colonization, Bikaner.

¶138

The Deputy Commissioner, Colonization, Nachna, 2 District Jaisalmer.

¶139

The Tehsildar, Colonization, Tehsil Nachna. 2, District Jaisalmer.

¶140

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶141

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Phalodi, Jodhpur.

¶142

----Respondents

¶143

S.B. Civil Writ Petition No. 12301 / 2017

¶144

Hakim Khan Son of Peer Mohd., Aged About 46 Years, By Caste Musalmal, Resident of Village Bharewala, Colonization, Tehsil Nachana No. 2 District Jaisalmer.

----Petitioner

(7 of 12)

[CW-10855/2017]

Versus

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶150

The Commissioner Colonization, Bikaner.

¶151

The Deputy Commissioner, Colonization, Nachna, District Jaisalmer.

¶152

The Tehsildar, Colonization, Tehsil Nachna. 2,, District Jaisalmer.

¶153

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶154

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Phalodi, Jodhpur.

¶155

----Respondents

¶156

S.B. Civil Writ Petition No. 12302 / 2017

¶157

Ameer Khan Son of Mehardeen Khan, Aged About 37 Years, By Caste Musalman, Resident of Village Bahla, Tehsil & District Jaisalmer.

¶158

----Petitioner

¶159

Versus

¶160

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶161

The Commissioner Colonization, Bikaner.

¶162

The Assistant Commissioner, Colonization, Mohangarh A District Jaisalmer.

¶163

The Tehsildar, Colonization, Tehsil Mohangarh No. 1, District Jaisalmer.

¶164

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶165

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶166

----Respondents

¶167

S.B. Civil Writ Petition No. 12628 / 2017

¶168

Surjan Khan Son of Sayane Khan, Aged About 45 Years, By Caste Musalman, Resident of Nachna, Tehsil & District Jaisalmer.

----Petitioner

Versus

(8 of 12)

[CW-10855/2017]

State of Rajasthan Through the Secretary, (Water Resources Department), Jaipur.

¶174

The Commissioner Colonization, Bikaner.

¶175

The Deputy Commissioner, Colonization Nachna District Jaisalmer.

¶176

The Tehsildar, Colonization, Tehsil Nachna No. 2, District Jaisalmer.

¶177

The Executive Engineer, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶178

The Assistant Engineer (Irrigation), Sub Division I, TMC Division, Indira Gandhi Nahar, Pariyojna, Mohangarh, Jaisalmer.

¶179

----Respondents

¶180

S.B. Civil Writ Petition No. 12738 / 2017

¶181

Mohd. Rafiq S/o Kadar Khan, Aged About 63 Years, By Caste Musalman, Resident of Bahla, Tehsil & District Jaisalmer.

¶182

----Petitioner

¶183

Versus

¶184

State of Rajasthan Through the Secretary Water Resources Department, Govt. of Rajasthan, Jaipur.

¶185

The Commissioner, Colonization, Bikaner.

¶186

The Dy. Commissioner, Colonization, Nachna, DistrictJaisalmer

¶187

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyozana, Mohangarh, Jaisalmer

¶188

The Assistant Colonization, Mohangarh, Tehsil Nachna, District Jaisalmer.

¶189

----Respondents

¶190

S.B. Civil Writ Petition No. 12739 / 2017

¶191

Gaji Khan S/o Shri Aadam Khan, Aged About 60 Years

¶192

Mathar Khan S/o Shri Gaji Khan, Aged About 35 Years

¶193

Mithe Khan S/o Shri Gaji Khan, Aged About 30 Years

¶194

Iliyas S/o Shri Gaji Khan, Aged About 27 Years, All Are by Caste Musalman, Resident of Basan Peer, At Present At Nachna, Tehsil Pokran, District Jaisalmer.

----Petitioners

Versus

(9 of 12)

[CW-10855/2017]

State of Rajasthan Through the Secretary Water Resources Department, Govt. of Rajasthan, Jaipur.

¶200

The Commissioner, Colonization, Bikaner.

¶201

The Dy. Commissioner, Colonization, Nachna, District Jaisalmer.

¶202

The Executive Engineer, TMC Division, Indira Gandhi Nahar Pariyozana, Mohangarh, Jaisalmer.

¶203

The Assistant Coloniation, Mohangarh, Tehsil Nachna, District Jaisalmer.

¶204

----Respondents _____________________________________________________ For Petitioner(s) : Mr. L.D. Khatri Mr. Moti Singh Mr. Arjun Purohit Mr. Manas Khatri Mr. Vinit Sandhya for Mr. Mahesh Thanvi For Respondent(s) : Mr. K.D. Singh

¶205

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶206

Judgment / Order

¶207

24/10/2017

¶208

All these writ petitions have been filed by the petitioners, who are the agriculturists, seeking relief from this Court to issue a direction to the Competent Authorities of TMC Division, Mohangarh / 23^rd Division, Mohangarh / 19^th Division, Jaisalmer / Charanwala Division II, Bikampur of Indira Gandhi Nahar Pariyozana Department (hereinafter to be referred as ‘the IGNP Department’) to include their names in barabandi for ensuing years 2017-18 for providing irrigation facilities to their agriculture fields.

¶209

The petitioners are claiming that either they are Khatedars of the agriculture land, which is in their possession, or they are in

¶210

(10 of 12)

¶211

[CW-10855/2017]

¶212

possession of agriculture land on account of stay orders passed by the departmental authorities or the competent courts. It is submitted that as per the judgment passed by this Court on

¶213

25.01.2016 in Gulsher Khan Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13842/2015) and 82 connected writ petitions they are entitled for getting irrigation facilities to their agriculture fields by inclusion of their names in the barabandi for the ensuing years 2017-18.

¶214

The petitioners have claimed that the disputes regarding their title of the land are either decided by the competent courts or pending in the competent courts, hence, till their rights are finally decided, they are entitled for irrigation facilities for their agriculture fields by inclusion of their names in the barabanadi .

¶215

Learned counsel appearing for the IGNP Department Mr. K.D. Singh has submitted that as per the judgment passed by this Court in Gulsher Khan’s case (supra) and 82 connected matters, all the agriculturists, whose cases regarding title of the agriculture land, in which they are in possession, are pending before the departmental authorities or competent courts are entitled to get the irrigation facilities to their agriculture fields and their names will be included in the barabandi for ensuing year 2017-18.

¶216

However, it is argued that the persons, who are in unauthorised possession of the government land and are not having any stay order in their favour either from the departmental authorities or competent courts, are not entitled to get irrigation facilities and their names cannot be included in the barabandi for

¶217

(11 of 12)

¶218

[CW-10855/2017]

¶219

ensuing year 2017-18.

¶220

Having heard learned counsel for the parties and having

¶221

gone through the judgment passed by this Court in Gulsher Khan’s case (supra) and 82 connected matters, all these writ petitions are disposed of with the following directions:-

¶222

The petitioners shall approach respective Executive Engineer of IGNP Department by 30.11.2017 and furnish documentary evidence regarding their ownership and title of the agriculture lands, which is in their possession.

¶223

Those petitioners, who are not having any documentary evidence regarding their ownership and title of the said agriculture land but their disputes regarding title of the siad agriculture land are pending either before departmental authorities or before competent courts and stay orders are passed in their favour, can also furnish copies of said stay orders passed by the departmental authorities or competent courts in their favour by 30.11.2017.

¶224

The respective Executive Engineer of IGNP Department after verifying the documentary evidence, furnished by the petitioners, or after taking into consideration the stay orders passed in their favour by the departmental authorities or competent courts shall consider the cases of the petitioners for inclusion of their names in barabandi for ensuing year 2017-18 strictly in accordance with law.

¶225

It is made clear that the petitioners, who are presently getting the irrigation facilities to their agriculture fields, will

¶226

(12 of 12)

¶227

[CW-10855/2017]

¶228

continue to get the same till next barabandi is fixed by the IGNP Department.

¶229

Stay petitions also stand disposed of.

¶230

Abhishek Kumar
S.Nos.75-91

¶231

(VIJAY BISHNOI)J.

Mohd. Rafiq v. State of Rajasthan and Ors.

Case brief

What is this about?

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Mohd. Rafiq v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

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