AMBA LAL SUTHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) REMEDIAL intervention of this Court has been sought for in the instant procedings registered as public interest litigation for removal of alleged encroachments made on the Nadi area and water flow area of Ragav Sagar Talab (for short, hereafter referred to as "the Talab") as well as the encroachments imputed to have been raised by the respondent no.5 to 7 herein. We have heard Mr.S.P.Sharma, learned counsel for the petitioner.

(2.) FOR the order proposed to be passed in the instant petition, it is not considered necessary to issue any formal notice to the respondents. The petitioner, who is a resident of village Deogarh in the District of Rajsamand, claims to hold agricultural land falling in Khasra No.3214, 3217, 3218, 3219, 3220, 3221 and 3223 abutting the Talab covering area of 4 bigha and 15 biswa and recorded in the name of Municipality, Deogarh in the revenue records. The petitioner has averred that the Talab serves the irrigational requirement of nearby agricultural fields and also provides a source of drinking water for the public of Deogarh town. According to him, during the rainy season, the Talab over flows and further, there is a seepage and the water finds its way through a nadi (canal) and passes through a tunnel (pulia) made underneath Bhilwara highway and reaches to the nearby canals. The petitioner has stated that he alongwith many other farmers have agricultural fields near the Talab and that the Municipality, Deogarh is entrusted with the responsibility of maintaining the same for which huge investment though has been made, for all practical purposes, the same has not yielded any benefit.

(3.) SITUATED thus, the petitioner approached this Court with D.B.Civil Writ Petition No.8594/2012, which was dismissed on 25.10.2012 by leaving him at liberty to approach the concerned SDO as well as the District Collector with the observation that if any application/representation was filed, the same would be considered by the concerned authorities in accordance with law. Subsequent thereto, the petitioner got a legal notice dated 19.11.2012 served on the District Collector, Rajsamand and the SDO, Deogarh requesting the said authorities to take necessary action in the matter. A representation was also submitted before the District Collector, Rajsamand on 17.12.2012 to the same effect. The petitioner has asserted that the Tehsildar, Deogarh meanwhile had made a spot survey and submitted a report dated 10.12.2012 to the District Collector, Rajsamand affirming the obstructions on the nadi and tunnel (pulia). The official communications dated 17.12.2012 between the Additional District Collector, Rajsamand and the Officer Incharge, Revenue Section, Collectorate, Rajsamand and dated 31.12.2012 between the District Collector, Rajsamand and Sub Divisional Officer, Deogarh & Tehsildar, Deogarh have also been annexed to the petition indicating contemplated action on the notice dated 19.11.2012. The petitioner has approached this Court as no further action is forthcoming.