Allowed

Jasveer Singh v. State of Rajasthan

Rajasthan HC18 Oct 2021CW/624/2021

Case brief

AI extract

What is this about?

This High Court disposed of S.B. Civil Writ Petition No. 624/2021 by following the decision in a Coordinate Bench petition. The Court allowed the writ petition, quashed the impugned orders of 15.11.2017 and 17.07.2020, and remanded the matter to the Executive Engineer for a fresh decision after a hearing.

What did the court decide?

Petition allowed; impugned orders of 15.11.2017 and 17.07.2020 quashed; matter remanded to Executive Engineer for fresh disposal after hearing within one month.

Jasveer Singh Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 624/2021

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Jasveer Singh S/o Shri Fuman Singh, Aged About 44 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil Anoopgarh, District Sri Ganganagar (Raj.)

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Harvinder Singh S/o Fuman Singh, Aged About 40 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil Anoopgarh, District Sri Ganganagar (Raj.)

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Raghuveer Singh S/o Late Shri Jeevan Singh, Aged About 70 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil Anoopgarh, District Sri Ganganagar (Raj.)

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Paramjeet Singh S/o Shri Raghuveer Singh, Aged About 36 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil Anoopgarh, District Sri Ganganagar (Raj.)

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Tarsem Singh S/o Late Shri Jivan Singh, Aged About 47 Years, B/c Kamboj Sikh, R/o Chak 74 G.b., Tehsil Anoopgarh, District Sri Ganganagar (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through The Chief Engineer Irrigation (North) Hanumangarh (Raj.)

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Superintendent Engineer, Water Resources Circle, Sri Ganganagar (Raj.)

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Executive Engineer, Water Resources South Division, Sri Ganganagar (Raj.)

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Executive Engineer, Gang Canal, C.a.d., Division - Iii, Suratgarh, District Sri Ganganagar (Raj.)

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Assistant Engineer, Water Resources, Sub - Division - Jaitsar, District Sri Ganganagar (Raj.)

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Amritpal Singh S/o Karnail Singh, R/o Chak 74 G.b., Tehsil Anoopgarh, District Sri Ganganagar (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Sanjeet Purohit For Respondent(s) : Ms. Saloni Malpani for Ms. Abhilasha Kumbhat

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(2 of 3)

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[CW-624/2021]

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JUSTICE DINESH MEHTA

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Order

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18/10/2021

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Mr. Purohit, learned counsel for the petitioners, submits that Coordinate Bench of this Court vide its judgment dated 22.09.2021 in SB Civil Writ Petition No.12612/2020 : Kulveer Singh & Ors. Vs. State of Rajasthan & Ors, has allowed the writ petition and remanded the matter back to the Executive Engineer to pass fresh order in accordance with law.

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The operative portion of the order dated 22.09.2021 reads thus :

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“In that view of the matter, this writ petition is allowed. The order dated 15.11.2017 passed by the Executive Engineer as well as order dated 17.07.2020 passed by the Superintendent Engineer are quashed and set aside and the matter is remanded back to Executive Engineer, Water Resources, South Division, Sir Ganganagar for deciding the matter afresh, within a period of one month from the date of receipt of certified copy of this order, after affording opportunity of hearing to all the affected persons.”

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Ms. Saloni Malpani, learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.

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In view of the above, the present writ petition is also, therefore, allowed in the same terms.

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The impugned order dated 15.11.2017 (Annex.5) and order dated 17.07.2020 (Annex.7) are hereby quashed and set aside.

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(3 of 3)

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[CW-624/2021]

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The matter is remanded back to Executive Engineer, Water Resources, South Division, Sri Ganganagar for deciding the matter afresh, within a period of one month from the date of receipt of certified copy of this order, after affording opportunity of hearing to all the affected persons.

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Stay application too stands disposed of accordingly.

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(DINESH MEHTA),J

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175-A.Arora/-

Jasveer Singh v. State of Rajasthan

Case brief

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Jasveer Singh v. State of Rajasthan

Case brief

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