Disposed

Jeet Singh v. the State of Rajasthan

Rajasthan HC2 Feb 2023CW/661/2023

Case brief

AI extract

What is this about?

In a writ petition regarding the curtailment of irrigation water due to a new water turn slip issued to Major Singh, the High Court observed that the petitioner must file an appeal before the competent appellate authority under the law. Consequently, the writ petition was disposed of with liberty to assail the water slip's validity via the appellate forum.

What did the court decide?

Writ petition disposed of with liberty to assail the validity of the water turn slip dated 17.10.2022 before the Appellate Forum.

Jeet Singh Vs the State of Rajasthan — Landlord and Tenant | Rajasthan HC (2023)

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[2023/RJJD/003614]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 661/2023

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Jeet Singh S/o Daman Singh, Aged About 72 Years, Resident Of Chak 43 GG, Tehsil Srikaranpur District Sriganganagar (Raj.).

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----Petitioner

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Versus

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

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Executive Engineer, Water Resources North Division District Sriganganagar (Raj.).

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President, Water User Association, Badopal, Tehsil Srikaranpur District Sriganganagar (Raj.).

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Major Singh S/o Chaghhad Singh, Resident Of Chak 3 Ffb, Tehsil Karanpur District Sriganganagar (Raj.).

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----Respondents

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For Petitioner(s) : Mr. B.S. Sandhu

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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02/02/2023

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Heard learned counsel for the petitioner.

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Learned counsel for the petitioner submits that the petitioner is having an agriculture field in Murabba No.39, Tehsil Karanpur, District Sriganganagar and is continuously getting the irrigation facility under the slips issued by the Water User Association from time to time. All of a sudden vide water turn slip dated 17.10.2022, the Water User Association has issued a water slip in favour of the respondent No.4 – Major Singh. By virtue of the issuance of such water turn slip, the irrigation facility to the agriculture field of the petitioner will be curtailed.

(2 of 2)

[2023/RJJD/003614]

[CW-661/2023]

Learned counsel for the petitioner submits that the petitioner has filed the writ petition only because there is no order and straight away water turn slip has been issued in favour of the respondent No.4 – Major Singh. In these circumstances, he submits that the appeal though available under the Rules has not been filed.

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I have considered the submissions made at the Bar and gone through the relevant record of the case.

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It is true that the petitioner is a holder of the agriculture field in Murabba No.39 and is getting the water facility from time to time on the slips issued by the Water User Association. All of a sudden, the Water User Association has issued the water turn slip in favour of the respondent No.4 – Major Singh on 17/10/2022. It will curtail the water facility available to the petitioner. In the opinion of this Court, the issuance of the water slip dated 17/10/2022 in favour of the respondent No.4 Major Singh has a civil and evil consequences and curtailment of the water facility available to the petitioner, therefore, the petitioner can certainly file an appeal before the competent authority available under the law.

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Accordingly, the writ petition is disposed of with a liberty to the petitioner to assail the validity of the water turn slip dated 17/10/2022 before the Appellate Forum.

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The stay application and other pending applications, if any also stand disposed of.

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(VINIT KUMAR MATHUR),J

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261-SanjayS/-

Jeet Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jeet Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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