BARKAT ALI Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-3-228
HIGH COURT OF RAJASTHAN
Decided on March 17,2015

BARKAT ALI Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 30.10.13 passed by the Superintending Engineer, Sahwa Lift Circle, Indira Gandhi Canal Project (IGNP), Bikaner, whereby the appeal preferred by the petitioner herein, against the order dated 31.5.13 passed by the Executive Engineer, Kanwarsen Lift Division, IGNP, Bikaner, curtailing the water turn of the agriculture land comprising Murabba No. 9/50, 9/51 ad measuring 46 bighas 4 biswas in Chak 15 JMD and 14 JMD village Bherukhera, Tehsil & District Bikaner, to the extent of share of the respondent No. 3 & 4 in the land in question, on the request being made on their behalf, stands dismissed.
(2.) THE relevant facts are that the land description whereof is given hereinabove, is ancestral joint khatedari land of the petitioner and the respondent No. 3 & 4 herein. It is submitted that the petitioner alone is cultivating the said land, the water supply turn whereof was fixed by the authorities of the IGNP. The respondent No. 3 & 4 herein, made an application dated 8.5.13 before the Executive Engineer, Kanwarsen Lift Division, Loonkaransar, for cancelling the turn of water supply in respect of their 2/3rd share in the ancestral land in question. It was stated that the water supply slip has been wrongly issued in the name of Barkat Ali, the petitioner herein, who is using the entire quantity of water supply in his share of the field. Accordingly, it was prayed that the water turn may be fixed in the name of the respondent No. 3 & 4 to the extent of their share in the land and in the alternative, it was prayed that the turn of water supply to the extent of their share in the agriculture land may be cancelled.
(3.) THE application preferred by the respondent No. 3 as aforesaid was allowed by the Executive Engineer, Kanwarsen Lift Division, Loonkaransar vide order dated 31.5.13 and accordingly, the turn of the water supply to the extent of 2/3rd share of the respondent No. 2 & 3 herein, in the land in question was ordered to be curtailed. Aggrieved thereby, the petitioner preferred an appeal before the Superintending Engineer, Sahwa Lift Circle, IGNP, Bikaner, which stands dismissed by the order impugned. Hence, this petition.;


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