CHARAN SINGH Vs. STATE OF RAJASTHAN, SERVED

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) As the pleaded facts would reveal, the petitioner is an agriculturist and khatedar of the land situated in murabba no. 7 killa no. 1 to 14, and the private respondent also has land in the said murabba, in the name of her husband. And that, the private respondent is also khaatedar of the land situated at murabba no. 15 measuring 14 bighas. The water turn of the land of the petitioner is fixed at naka of killa no.1 of murabba no. 7. There is kachha internal field channel constructed by the petitioner on his land for receiving the water supply from water course which is running through killa nos. 1, 10, 11, 20, 21 of murabba no. 7.

(3.) Learned counsel submitted that after issuance of the said notice, the Executive Engineer was under a legal obligation to send the record of water course, as provided by Rule 5 of the Rules of 1955 to the District Collector, while complying with the other prescriptions as contained therein. And that, the procedure as laid down under Ss. 21 to 28 of the Rajasthan Irrigation and Drainage Act, 1954 (in short, 'Act of 1954'), has also not been followed, while passing the impugned order dtd. 7/10/2022.