Disposed

Dilbar Khan v. State of Rajasthan

Rajasthan HC5 Nov 2019CW/14173/2018

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of multiple writ petitions regarding irrigation denial for petitioners' agricultural land. Court directed inclusion in barabandi only if land falls within command area, requiring petitioners to submit title evidence or stay orders by 30.11.2017, relying on Gulsher Khan and Gemar Singh precedents.

What did the court decide?

Petitioners directed to submit land ownership/docs/stay orders by 30.11.2017; inclusion in barabandi conditioned on land falling in command area. Stay applications disposed.

Dilbar Khan Vs State of Rajasthan — Service and Employment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

¶2

S.B. Civil Writ Petition No. 15559/2019

Alabasaya

----Petitioner

Versus

State Of Rajasthan

----Respondent

Connected With

S.B. Civil Writ Petition No. 14095/2018

Aarabdeen

----Petitioner

Versus

State Of Rajasthan

----Respondent ----Petitioner ----Respondent

¶15

S.B. Civil Writ Petition No. 14113/2018

¶16

Gulsher Khan

¶17

Versus S.B. Civil Writ Petition No. 14173/2018

State Of Rajasthan

Dilbar Khan

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 16550/2018

Makke Khan

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 16634/2018 Mohammed Khan

¶31

----Petitioner Versus ----Respondent S.B. Civil Writ Petition No. 12829/2019

State Of Rajasthan

Shivdan Singh

[CW-15559/2019]

(2 of 5)

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 12911/2019

Jusab Khan

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 13165/2019

Aalam Khan

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 13734/2019

Pandhi Khan

----Petitioner

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 13739/2019

Sugan Kanwar

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 13891/2019

Alhabachay Khan

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 13892/2019

Ata Mohammed

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 13893/2019

[CW-15559/2019]

(3 of 5)

Jumme Khan

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 14098/2019

Nayaj Mohammed

----Petitioner

Versus

State Of Rajasthan

----Respondent

S.B. Civil Writ Petition No. 16570/2019

¶90

Dhigane Khan

¶91

	Versus	----Petitioner
State Of Rajasthan		----Respondent
For Petitioner(s)	: Mr. LD Khatri Mr. Manas Khatri Ms. Anjali Gopa
For Respondent(s)	: Mr. Manish Tak

¶92

JUSTICE DINESH MEHTA

¶93

Judgment

¶94

05/11/2019

¶95

Mr. Khatri, learned counsel for the petitioners submitted that the petitioners own/possess land, yet the respondents are not providing irrigation facilities to the petitioners in view of the litigation though they are having interim orders in their favour.

¶96

Learned counsel for the petitioners also contended that number of petitions involving identical grievance have been allowed by this Court, vide judgment dated 25.1.2016, passed in a bunchy of writ petitions led by SBCWP No.13842/2015 (Gulsher Khan Vs. State of Rajasthan & Ors.); which has been duly followed

¶97

[CW-15559/2019]

¶98

(4 of 5)

¶99

by another coordinate Bench decision dated 24.10.2017 passed in SBCWP No.11508/2017 (Gemar Singh Vs. State of Rajasthan & Ors.).

¶100

Mr. Manish Tak, learned counsel appearing for the respondents in principal agreed that the issue is broadly covered, he, however, apprehended that in guise of the judgment of this Court, the petitioners are seeking irrigation facilities to their land, even they are not in command area.

¶101

Having heard rival submissions, the present writ petitions are disposed of in terms of the following directions given by this Court in the cases of Gulsher Khan and Gemar Singh (supra), with further directions that the petitioners shall be given irrigation facilities only if, their land(s) fall in the command area.

¶102

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.

¶103

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 said 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.

¶104

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

¶105

[CW-15559/2019]

¶106

(5 of 5)

¶107

competent courts shall consider the cases of the petitioners for inclusion of their names in barabandi for ensuing years strictly in accordance with law.

¶108

It is made clear that the petitioners, who are presently getting the irrigation facilities to their agriculture fields, will continue to get the same till next barabandi is fixed by the IGNP Department.

¶109

In case land(s) for which the petitioners are claiming irrigation facilities, do not fall in command area, the respondents shall not be bound to provide irrigation facility/barabandi.

¶110

The stay applications also stand disposed of accordingly.

¶111

(DINESH MEHTA),J

¶112

192-CPGoyal/-

Dilbar Khan v. State of Rajasthan

Case brief

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Dilbar Khan v. State of Rajasthan

Case brief

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