GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the judgments and decrees dated 6.12.2016 passed by the Civil Judge, Lunkaransar, District Bikaner, and judgments and decrees dated 1.11.2019 passed by Additional District Judge No.3, Bikaner, whereby, the suits and the appeals filed by the appellants have been dismissed.

(2.) The appellants filed suits for permanent injunction against the respondents inter alia with the averments that the plaintiffs were getting irrigation facilities from the respondents for over 20 years. As notice has been issued seeking discontinuance of irrigation facilities, they be restrained from discontinuation of the irrigation facilities to the plaintiffs.

(3.) A written statement was filed by the respondent - State inter alia indicating that the land of the appellants is not command land. Earlier, temporary irrigation facilities were provided as the command area was not fully allotted and surplus water available, however, as now the command area has been allotted, the irrigation facilities cannot be provided to the uncommand land and, therefore, the plaintiffs are not entitled for any relief. Further indication was made that the order, by which, the plaintiffs were being provided irrigation facilities i.e. 7.6.1999, has been cancelled and, therefore, the suits were liable to be dismissed.