MAHI RAM Vs. RAJANA SARAF

JUDGEMENT

(1.) This contempt petition arises out of an interlocutory order dated 7.3.2009 passed by learned Civil Judge (Jr. Div.) Hanumangarh while deciding an application filed under Order 39 Rule 1 and 2 CPC in a pending suit. The injunction has been granted in favour of Sharvan the plaintiff to the effect that till the disposal of the suit the defendants are restrained from implementing the orders dated 30.7.2008 and 4.2.2009 passed by the defendant no.2 and there shall be no change in the water course of chak No.5FTP of Stone No.220/243 of Killa No.1 to 10. The petitioner alleged that by passing of the aforesaid order, the contemnor Ranjana Saraf the Civil Judge (Jr. Div.) Hanumangarh has committed violation of the interim order dated 11.12.2001 passed in SBCWP No.3204/2000. The interim order passed by this court on 11.12.2001 is to the following effect:

(2.) In the SBCWP No.3204/2000 this court has passed the aforesaid interim order in the backdrop of the fact that petitioner has challenged the orders dated 6.12.1994 (Annex.5), 16.6.1995 (Annex.7), 21.1.1999 (Annex.10) and order dated 27.10.1999 (Annex.11). These orders were passed by the Divisional Irrigation Officer, Hanumangarh and the Superintending Engineer, Irrigation Circle, Hanumangarh with respect to providing the facility of irrigation. It was held by the aforesaid impugned orders that it was not possible to provide the facility of irrigation from 5FTP. It was held by the authorities that the irrigation facilities can be obtained by the petitioner from 7CDR. Said orders were assailed and the petitioner wanted to obtain the water from 5FTP, which he was not getting at the time when the petition was filed and he was getting the water from 7CDR. His land was also in that chak. The order passed by this court again made subject matter of SBCCP No.262/2008, which was dismissed vide order dated 28.1.2009, which fact has not been disclosed in the present contempt petition by the petitioner while dragging the Judicial Officer in the contempt proceedings. The contempt petition no.262/2008 was dismissed by this court after hearing counsel for the petitioner. After the interim order was passed by this court, two orders were passed in the matter of irrigation by the concerned authorities. The order dated 30.7.2008 was passed by the Executive Engineer providing temporary facility of irrigation and another order was passed in the appeal preferred by Sharvan on 18.8.2008 by the Superintending Engineer. The case was remanded by the Superintending Engineer, thereafter, fresh order was passed by the Executive Engineer on 4.2.2009 directing to provide the temporary facility of irrigation from 5FTP. After the order dated 4.2.2009, the plaintiff Sharvan preferred the civil suit before the trial court for declaration and permanent injunction. It was averred by the plaintiff in the plaint that defendant Mahi Ram was getting irrigation from 7CDR, which was the order passed earlier by the concerned authorities and the prayer of the defendant no.3 Mahi Ram for obtaining water from 5FTP was disallowed. The order which has now been passed on 18.8.2008 was wholly illegal. Attention was attracted to the facts about the illegality of obtaining the irrigation facility by the defendant from 5FTP under the guise of the interim order passed by this Court in SBCWP No.3204/2000. The aforesaid order was passed by the Executive Engineer, which was not permissible. In the said writ petition plaintiff Sharvan, Nathu Ram and Hari Ram have not been made parties. The Executive Engineer had no right to transfer the area of defendants nos. 3 and 4 to the plaintiff's chak 5FTP. Various other technical grounds have been raised to assail the order of the Executive Engineer permitting irrigation facility out of chak No.5FTP.

(3.) The trial court after considering the interim order passed by this court in SBCWP no.3204/2000 and after hearing the parties in which the petitioner of SBCWP No.3204/2000 is also a party, passed the injunction order restraining the defendants from implementing the orders dated 30.7.2008 and 4.2.2009 passed by the defendant no.2 and it was also ordered that there shall be no change in the water course of chak No.5FTP of Stone No.220/243 of Killa No.1 to 10.