Allowed

Jasvindra Singh and Anr. v. Stat E and Ors.

Rajasthan HC24 Nov 2021CW/1789/2012

Case brief

AI extract

What is this about?

In S.B. Civil Writ Petition No. 1789/2012, the Rajasthan High Court at Jodhpur allowed the petition relying on Krishna Lal & Ors. and Randheer Singh & Ors. The court directed respondents to provide a proper opportunity of hearing and comply with Rule 11(2) of the Rajasthan Irrigation and Drainage Rules, 1955, before enforcing the impugned order dated 01.12.2011 affecting Chak 7-O.

What did the court decide?

Respondents directed to give proper hearing and comply with Rule 11(2) of 1955 Rules before enforcing impugned order dated 01.12.2011; pending applications disposed.

Jasvindra Singh and Anr. Vs Stat E 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. 1789/2012

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Jasvinder Singh & Anr.

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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. C.S. Kotwani For Respondent(s) : Ms. Abhilasha Bora with Ms. Saloni Malpani

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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24/11/2021

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This writ petition has been preferred claiming the following reliefs:

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“i) the instant petition for writ may kindly be ordered to be allowed and a writ, order or direction in the appropriate nature may kindly be issued in favour of the humble petitioners; ii) the impugned order dated 01.12.2011 (Annexure4) may kindly be declared illegal and without jurisdiction and may be quashed and set aside; iii) further it is most respectfully prayed that the respondent irrigation authorities may kindly be restrained from installing the new outlet and reducing the size of the outlet of the petitioners’ Chak 7-O; iv) the respondents may kindly be further restrained from reducing the water turn of the petitioners and implementing the new Barabandi in the Chak 7-O in the middle of the crop season until the present Barabandi in force.”

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(2 of 4)

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Learned counsel for the parties jointly submit that the controversy involved herein is covered by the order passed by this Court in Krishan Lal & Ors. Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4968/2020, decided on 22.02.2021) , which reads as under:

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“1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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2. The petitioners have preferred this writ petition claiming the following relief:

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“A/ By an appropriate writ, order or direction, the impugned order dated 20.02.2020 Annexure P/2 passed by the respondent no.3 along with the P- Form attached to it may kindly be declared illegal and be quashed and set aside.”

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3. Learned counsel for the petitioners submits that the petitioners were not given any opportunity of hearing before the changes, in pursuance of the impugned order dated 20.02.2020, are being give effect to. Learned counsel further submits that Rule 11(2) of the Rajasthan Irrigation and Drainage Rules, 1955 (for short, ‘the Rules of 1955’) requires the respondents to take proper approval from the State Government.

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4. Learned counsel for the petitioners relied upon the judgment rendered by this Hon’ble Court in Randheer Singh & Ors. Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.9129/2015, decided on 22.11.2016) .

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5. On the other hand, learned counsel for the respondents fairly submits that even in the impugned order, it has been observed that the

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(3 of 4)

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interest of the farmers shall be protected.

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6. Learned counsel for the respondents also submits that the respondents shall give a proper opportunity of hearing to the petitioners before giving effect to the impugned order dated 20.02.2020.

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7. After hearing learned counsel for the parties as well as perusing the record of the case, alongwith the aforementioned judgment cited at the Bar, this Court is of the opinion that a limited proposition in this case is that the petitioners have to be given a proper opportunity of hearing before giving effect to the impugned order, and also the respondents need to abide by Rule 11(2) of the Rules of 1955.

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8. It is clear that the proper opportunity of hearing was not given to the petitioners, and though the learned counsel for the respondents has pointed out a circular dated 19.08.2011 to contend that no special sanction is required to be taken from the State Government, if the outlet is being modified/changed as a result of modernization process, but the same does not permit the respondents to deviate from the legislative mandate of Rule 11(2) of the Rules of 1955.

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9. In view of the above, the present petition is allowed, and accordingly, the respondents are directed to give a proper opportunity of hearing to the petitioners and also deal with the compliance of Rule 11(2) of the Rules of 1955, before giving effect to the impugned order dated 20.02.2020. The stay application as well as all pending applications stand disposed of accordingly.”

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(4 of 4)

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In light of the aforequoted order, the present petition is allowed, and accordingly, the respondents are directed to give a proper opportunity of hearing to the petitioners and also deal with the compliance of Rule 11(2) of the Rajasthan Irrigation and Drainage Rules, 1955, before giving effect to the impugned order dated 01.12.2011. All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J. 135-SKant/-

Jasvindra Singh and Anr. v. Stat E and Ors.

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Jasvindra Singh and Anr. v. Stat E and Ors.

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