Allowed

Diwan Singh and Anr. v. State and Ors.

Rajasthan HC10 Dec 2019SAW/970/2008

Case brief

AI extract

What is this about?

In connected D.B. Special Appeals regarding irrigation water supply, this Court admitted appeals and allowed a joint stay application. Upholding the existing interim order dated 13.05.2009, the Court disposed of the appeal allowing the appellants their status quo water supply without disturbing existing crops. No specific provision was cited.

What did the court decide?

Appeal disposed of by allowing the stay application in terms of the interim order dated 13.05.2009; impugned orders dated 17.09.2008 set aside.

Diwan Singh and Anr. Vs State and Ors. — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 967/2008

Balwant Singh & Ors

----Appellant

Versus

State & Ors

----Respondent

Connected With

D.B. Spl. Appl. Writ No. 970/2008

¶10

Diwan Singh & Anr	----Appellant Versus
State & Ors
	----Respondent
For Appellant(s)	: Mr. C.S. Kotwani.
For Respondent(s)	: Mr. Kannishk Singhvi for Ms. Abhilasha Kumbhat.

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Judgment

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10/12/2019

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Learned counsel for both parties jointly submit that the status of irrigation is such that the sanctioned flow is maintained at the micro level.

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Such factual matrix is result of the interim order passed by this Court on 13.05.2009, which reads as follows:

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Heard learned counsel for the parties. The appeal is admitted. Since the respondents represented, notice need not be issued.

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Heard learned counsel on stay. The stay application is allowed in the manner that the respondents shall not in any manner take any such

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(2 of 2)

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[SAW-967/2008]

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step, which may affect, or reduce, the water supply even in micro level, below the one originally sanctioned, to each of the petitioners. It is, however, clarified and further directed that in any case where the existing Crop is existing unharvested, and is in the requirement of water for its proper ripening, then in those cases the cultivator shall be continued to be provided the water as was being provided hitherto-fore, this present order in those may be given effect to after the requirement of water to the crop in the particular field of the particular cultivator is over.

¶21

Learned counsel for the appellants, Mr. C.S. Kotwani fairly submits that the interim order allowing the appellants sanctioned water at micro level is satisfying their requirement and thus if it is made final, the controversy will be set at rest.

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Counsel for the State submits that maintaining the interim order would entitle the appellants only to the sanctioned water strength and thus would be justifiable.

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In light of the aforesaid submissions, this Court is inclined to allow to appeals in terms of the interim order quoted hereinabove. Setting the impugned orders dated 17.09.2008, we dispose of the appeals in terms of the interim order quoted above.

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(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ

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20-a.asopa/-

Diwan Singh and Anr. v. State and Ors.

Case brief

What is this about?

What did the court decide?

Diwan Singh and Anr. v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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