Allowed

Nathu Ram v. State of Raj. and Ors.

Rajasthan HC14 Dec 2021CW/11941/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the writ petition by quashing impugned orders dated 13.05.2016 and 09.09.2016. The Court directed that the matter be dealt with in accordance with Sections 21 to 24 of the Act and relevant rules, following principles laid down in Jaspal Singh & Ors. (2013). Pending applications stood disposed of.

What did the court decide?

Impugned orders dated 13.05.2016 and 09.09.2016 quashed; matter directed to be dealt with per Sections 21 to 24 of the Act; pending applications disposed.

Nathu Ram Vs State of Raj. and Ors. — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 11941/2016

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LRs of Nathu Ram s/o Shri Hajari Ram

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----Petitioner

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Versus

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The State of Rajasthan & Ors.

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----Respondent

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For Petitioner(s) : Mr. B.S. Sandhu For Respondent(s) : Mr. S.L. Jain Ms. Abhilasha Kumbhat, Addl.G.C.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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14/12/2021

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This writ petition has been preferred claiming the following reliefs:

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“It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction, the orders impugned dated 13.05.2016 (Annex.7) as well as order dated 09.09.2016 (Annex.11) passed by the Superintending Engineer may kindly be declared illegal and quashed and set aside.”

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Learned counsel for the parties jointly submit that the controversy in question is no more res integra in view of the judgment rendered by this Hon’ble Court in Jaspal Singh & Ors. Vs. State of Rajasthan & Ors., decided on 18.01.2013) , operative portion of which reads as under:

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“4. . . . . . It is also not in dispute that before passing the order impugned, the procedure laid down under Sections

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(2 of 2)

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[CW-11941/2016]

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21 to 24 of the Act has not been followed. Learned counsel appearing for the parties fairly submitted that the matter may be remanded to the Divisional Irrigation Officer to deal with the application preferred on behalf of the respondents in accordance with the procedure laid down under Sections 21 to 24 of the Act.

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5. Accordingly, the writ petition is allowed. The order impugned dated 23.8.2012 of Superintending Engineer, Water Resources Circle, Sriganganagar and order dated 23.9.2011 of Divisional Irrigation Officer, Water Resources, North Division, Sriganganagar, are quashed and set aside. It is directed that the application preferred by the respondents shall be appropriately dealt with in accordance with the procedure laid down under the provisions of Sections 21 to 24 and other relevant provisions of the Act and the Rules made thereunder. No order as to costs.”

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In light of the aforementioned judgment, the present petition is allowed. Accordingly, while quashing and setting aside the impugned order dated 12.05.2016 passed by the Executive Engineer, Water Resources Division-II, Gharsana as well as the order dated 09.09.2016 passed by the Superintending Engineer, Water Resources Circle, Chhattargarh, it is directed that the matter in issue shall be appropriately dealt with in accordance with the procedure laid down under the provisions of Sections 21 to 24 and other relevant provisions of the Act and the Rules made thereunder. No order as to costs. All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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156-SKant/-

Nathu Ram v. State of Raj. and Ors.

Case brief

What is this about?

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Nathu Ram v. State of Raj. and Ors.

Case brief

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