VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioners challenging the validity of the order dtd. 19/2/2024 (Annex.19) passed by the Superintending Engineer, Water Resources Circle, Hanumangarh whereby appeal preferred by private respondents No.4 and 5 has been allowed and they have been provided water/irrigation facility from Kila No.5 according xxx (Internal Field Channel).

(2.) Briefly stated, the facts of the case are that the petitioners are having their agriculture land in Chak 24 JRK situation in Murabba No.23, ad-measuring 2 Bigha in Kila No.10 and 11 and 5 Bigha in Kila No.22. According to petitioners, an inlet has been sanctioned by the Irrigation Department at Kila No.5 of Murabba No.23. The dispute between the parties arose, when private respondent No.4 Mahavir preferred an application for continuation of xxx' (Internal Field Channel) as per Chief Engineer's arrangement of xxx' within a square way back in the year 2019 (27/2/2019). In the said application, Mahavir (private respondent No.4) requested for shifting of water turn from Murabba No.23/248 to Murabba No.22/247, which according to petitioners, was related to one Balram. On the said application, the water turn of Balram was shifted to Murabba No.22/247. On account of shifting of xxx', which was situated from Kila No.125 in Murabba No.25/248, the same rendered redundant and while apprehending some untoward incident with the petitioners, inasmuch as they were having 2 Bigha of land in Murabba No.23/248, the petitioners submitted an application before the competent authority with a prayer to provide them water facility to their fields on 29/5/2019 (Annex.1).

(3.) The competent authority i.e. Chairman, Water User Association as well as Assistant Engineer and Superintending Engineer, on the application submitted by the petitioners, observed to implement the Internal Field Channels as per sanctioned plan approved by the competent authority. The Superintending Engineer thereafter vide order dtd. 4/7/2019 directed to provide Internal Field Channel to the petitioners while treating inlet at Kila No.5 on 4/7/2019. In pursuance of the order dtd. 4/7/2019, the Executive Engineer, the Assistant Engineer issued notice to private respondents No.4 and 5 on 13/11/2019. Thereafter, the Assistant Engineer after hearing the parties concerned, directed opening of the inlet situated at Kila No.5 and also ordered for closing the illegal inlet, created by private respondents vide order dtd. 22/11/2019 (Annex.4).