RATAN DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The cases are listed on the applications for vacation of interim orders, however with consent of learned counsel for the parties, the writ petitions are being heard and decided finally at this stage by this common order as impugned orders in all the writ petitions are similar and the issue involved in all these writ petitions is also identical.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioners submits that fields of the petitioners are irrigated through siphons since 1982 from the Rajasthan Canal. Learned counsel further submits that on the earlier occasion also, the persons like petitioners had approached this court and directions have been issued that the petitioners may appear before the Local Executive Engineer and satisfy the need of water individually for the purpose of providing the requisite amount of water through siphons till the irrigation facilities otherwise provided by the respondents and if the Executive Engineer finds that adequate irrigation facility is provided and the siphons are not required, in that event the siphons will not be sanctioned. Learned counsel further submits that in view of the directions issued by this court, the petitioners appeared before the respective Executive Engineer and pleaded their cases for providing adequate water facility for the irrigation purposes. The Executive Engineer thereafter passed the orders which were the subject matter of the litigation before this Court. He further submits that in view of the other pronouncements by this court as well as by the trial courts, the petitioners are receiving the water facilities through siphons. Learned counsel further submits that since the fields of the petitioners are being irrigated through siphons facilities for last 40 years, the State Government cannot discontinue the same by passing the orders impugned in these writ petitions i.e. 27/11/2017 passed by Deputy Secretary to Govt. Indira Gandhi Nahar Department, Jaipur and 5/4/2018 passed by Executive Engineer, 9016th Division, Iganap, Bikaner. Learned counsel for the petitioners submits that the order dtd. 5/4/2018 which affects the water facility of the petitioners through siphons has been discontinued without giving a reasonable opportunity of hearing to them. He, therefore, prays that the orders dtd. 27/11/2017 and 5/4/2018 may be quashed qua the petitioners.