Allowed

Prahlad Kumar v. State of Rajasthan

Rajasthan HC18 Jul 2024CW/795/2023

Case brief

AI extract

What is this about?

This PIL sought directions to constitute a water management association, restrain water release for rabi cultivation, and remove encroachments for better water flow. The court held that there is a statutory requirement to constitute such an association under the Act, 2000.

What did the court decide?

The District Collector at Udaipur to take necessary steps to constitute a water management association under Section 4 of the Act within three months

Prahlad Kumar Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:29376-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 795/2023

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Prahlad Kumar S/o Shri Ram Lal Prajapat, Aged About 38 Years, R/o Salera Khurd, Tehsil Mavli, District Udaipur, Rajasthan.

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Laxman Lal S/o Shri Narayan Gujar, Aged About 40 Years, R/o Badiyar, Tehsil Mavli, District Udaipur, Rajasthan.

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----Petitioners

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Versus

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1. State Of Rajasthan, Through The Principal Secretary, Department Of Command Area Development And Water Utilization, Government Of Rajasthan, Jaipur, Rajasthan.

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The District Collector, Udaipur, Rajasthan. 3. The Sub Divisional Office, Mavli, Udaipur.

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The Executive Engineer, Water Resources Department, Block Udaipur Mumal Towers, 16, Saheli Marg, Panchwati, Udaipur, Rajasthan 313001.

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----Respondents

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For Petitioner(s)	: Mr. Manvendra Krishan Singh Mr. AnuragBhogwani
For Respondent(s)	: Mr. Sajjan Singh Rathore, AAG with
	Mr. Anirudh Singh Shekhawat

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HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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18/07/2024

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This writ petition P.I.L. comes up with the following prayers: It is therefore most respectfully prayed that by an appropriate writ, order or directions, the respondents be directed.

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i) To constitute a water management association for all the people situated in the command area of Bagoliya Dam in pursuance to the Act of 2000 and Rules of 2002; ii) To not to release water for the rabi cultivation for irrigation purpose in the command area for

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(2 of 3)

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[2024:RJ-JD:29376-DB]

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[CW-795/2023]

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the year 2022-23 from Bagoliya Dam; iii) To remove all such encroachment from the upstream in Bandiya river, Odhan Wali nadi and Mogana Wali nadi which act as barrier in the regular flow of water which is stored in Bagoliya Dam;

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iv) To remove such of the water tanks, anicuts/check dam in the upstream after conducting a scientific study so that the people in the upstream as well as in the downstream can equally enjoy the right over the water;

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v) Any other appropriate writ, order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.

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Interim order, if prayed for:

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It is, therefore prayed that during the pendency of the writ petition as PIL the respondents be directed to not to release water for the rabi cultivation for irrigation purpose in the command area for the year 2022-23 from Bagoliya Dam.

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In course of the hearing, the learned counsel for the petitioner tenders a copy of the order dated 8^th April 2024 which would indicate that D.B. Civil Writ Petition No.562/2023 which was previously tag along with this writ petition by an order dated 20^th January 2023 was disposed of as withdrawn.

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According to the learned counsel for the petitioner, since the prayer made in D.B. Civil Writ Petition No.562/2023 was confined to the release of water from Bagoliya Dam and this Court has issued a direction that water in excess of capacity should be released, Gram Panchayat has withdrawn D.B. Civil Writ No.562/2023. The learned counsel for the petitioner has tried to prays hard upon Court as regards prayer made as clause 3 & 4, however, we are not inclined to issue any direction as regards to those prayers.

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However, as per the provision under, there is a requirement to constitute water management association under Section 4 of

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[2024:RJ-JD:29376-DB]

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[CW-795/2023]

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(3 of 3)

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the Rajasthan Farmers Participation Management of Irrigation Systems Act, 2000, we are inclined to issue a direction to the District Collector at Udaipur to take necessary steps in compliance of statutory provisions as indicated hereinabove. With this direction D.B. Civil Writ Petition No.795/2023 is disposed of within a period of three months.

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(KULDEEP MATHUR),J

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(SHREE CHANDRASHEKHAR),J

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33-Arjun/-

Prahlad Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prahlad Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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