NAARU RAM Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
STATE OF RAJASTHAN
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PUSHPENDRA SINGH BHATI,J. -
(1.) Learned counsel for the parties agree that the controversy involved in the present writ petition is squarely covered by the judgment of this Court rendered in S.B. Civil Writ Petition No.10422/2016 (Satpal Singh and Ors. vs. State of Rajasthan and Ors.) decided today itself i.e. 23.4.2019. The said judgment reads as under :-
"1. The petitioners have preferred this writ petition under Article 226 and 227 of the Constitution of India claiming the following reliefs:
"It is, therefore, respectfully prayed that this petition for writ may kindly be allowed and the order impugned dated 20.07.2016, as well as as the entire proceedings undertaken by the respondents, may kindly be declared illegal and the same may kindly be quashed and set aside, and B) By an appropriate writ order or direction, respondents may kindly be restrained from removing the proportional distributor established at RD 39705 for chak 15-16 KRW and 17-18 KRW, and from disturbing the irrigation facilities of the petitioners chak 15-16 KRW. C) Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioners."
(2.) Brief facts of the case, as noticed by this Court are that the petitioners are agriculturists having their agricultural land in Chak No. 15 and 16 KRW. Chaks 14, 15, 16 and 17 are adjacent villages and all fall in Panchayat Circle, Khatsajwar.
(3.) The contention of learned counsel for the petitioner is that the petitioners' chak falls at the tail of the Kardwala Minor, and irrigation facility to their chak No. 15 and 16 KRW are from the same KRW minor alongwith the respondents who are holders of Chak 17 and 18 KRW.;
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