Disposed

Thakara Ram v. State of Rajasthan

Rajasthan HC5 Aug 2021CW/2070/2019

Case brief

AI extract

What is this about?

Supreme Court. 53-AnilSingh/SanjayS/VivekM-. Petitioners filed a Writ Petition requesting the State to include Village Balana in the Sanchore Lift Distributary for irrigation. The High Court declined to adjudicate on water allocation, granting liberty to approach the respondent engineer for a feasibility check.

What did the court decide?

Liberty granted to petitioners to approach respondent No.5 to look into the matter and seek necessary superiors' approval.

Thakara Ram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition (P.I.L) No. 2070/2019

¶3

Thakara Ram S/o Shri Kasaba Ram, Aged About 68 Years,

¶4

Ratana Ram S/o Shri Kistura Ram, Aged About 75 Years,

¶5

Asu Ram S/o Shri Dhima Ram, Aged About 53 Years, 4. Hari Ram S/o Shri Jiva Ram, Aged About 63 Years, 5. Mangilal S/o Shri Varinga Ram, Aged About 41 Years, 6. Ladu Ram S/o Shri Varinga Ram, Aged About 56 Years, 7. Sad Ram S/o Shri Gordhan Ram, Aged About 40 Years, 8. Mohan Lal S/o Shri Thakara Ram, Aged About 40 Years, 9. Mohan Lal S/o Shri Surta Ram, Aged About 37 Years,

¶6

Sujana Ram S/o Shri Thakara Ram, Aged About 40 Years, 11. Bhagirath Ram S/o Shri Chima Ram, Aged About 38 Years, All R/o.Village Balana, Tehsil Sanchore, District Jalore.

¶7

----Petitioners

¶8

Versus

¶9

State Of Rajasthan, Through The Secretary, Water Resources Department, Government Of Rajasthan, Secretariat, Jaipur.

¶10

The Additional Secretary And Chief Engineer, Water Resource Department, Rajasthan, Jaipur.

¶11

The Chief Engineer, Narmada Canal Project, Sanchore, District Jalore.

¶12

The Superintending Engineer, Narmada Canal Project, Circle-II, Sanchore, District Jalore.

¶13

The Executive Engineer, Narmada Canal Project, DivisionIII, Sanchore, District Jalore.

¶14

----Respondents

¶15

For Petitioner(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Ms. Rekha Borana, AAG

¶16

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

(2 of 3)

[CW-2070/2019]

Order

05/08/2021

Heard learned counsel for the respective parties.

¶22

Writ application came to be filed by the petitioners seeking a direction to the State to include the cultivated area of Village Balana, Tehsil Sanchore, District Jalore into the command area under Sanchore Lift Distributary and thereafter provide irrigation facilities to this left out area through Sanchore Lift Distributary of Narmada Canal Project.

¶23

Learned Additional Advocate General appearing for the State places reliance on the reply filed by the State and submitted that the State has received its share of water pursuant to the award made by the Narmada Water Disputes Tribunal and the amount of water allocated to the State is only 0.5 MAF and such water is also distributed in three categories i.e. for drinking, irrigation and losses. It is further stated in the affidavit that if there is any saving of water in future for any reason, the same would be deemed as allocated for drinking purposes to the PHED Department.

¶24

This Court cannot enter into such issues as prayed for in the present writ application. However, since the question of irrigation water being available is a matter within the administrative control of the State and its officials, we dispose of the writ application granting liberty to the petitioners to approach the respondent No.5 who shall look into the issues raised by the petitioners and if the same is found feasible, the same shall be considered in accordance with law. For the purpose, the respondent No.5 may

¶25

(3 of 3)

¶26

[CW-2070/2019]

¶27

seek necessary approval of its superior authority in accordance with law. We express no opinion on the merit of the case.

¶28

(VINIT KUMAR MATHUR),J

¶29

(INDRAJIT MAHANTY),CJ

¶30

53-AnilSingh/SanjayS/VivekM-

Thakara Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Thakara Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dinesh Chandra Vs State of Rajasthan

Bharat Sanchar Nigam Limited Vs State of Rajasthan

State of Rajasthan Vs Ramesh Chandra Sharma

Sushil Kumar Vs State of Rajasthan

The Rajasthan University of Health Sciences Vs Roshni Arora

Bhagirath Ram Vs State of Rajasthan