LAWS(RAJ)-2015-3-228

BARKAT ALI Vs. STATE OF RAJASTHAN AND ORS.

Decided On March 17, 2015
BARKAT ALI Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) THIS writ petition is directed against order dated 30.10.13 passed by the Superintending Engineer, Sahwa Lift Circle, Indira Gandhi Canal Project (IGNP), Bikaner, whereby the appeal preferred by the petitioner herein, against the order dated 31.5.13 passed by the Executive Engineer, Kanwarsen Lift Division, IGNP, Bikaner, curtailing the water turn of the agriculture land comprising Murabba No. 9/50, 9/51 ad measuring 46 bighas 4 biswas in Chak 15 JMD and 14 JMD village Bherukhera, Tehsil & District Bikaner, to the extent of share of the respondent No. 3 & 4 in the land in question, on the request being made on their behalf, stands dismissed.

(2.) THE relevant facts are that the land description whereof is given hereinabove, is ancestral joint khatedari land of the petitioner and the respondent No. 3 & 4 herein. It is submitted that the petitioner alone is cultivating the said land, the water supply turn whereof was fixed by the authorities of the IGNP.

(3.) THE application preferred by the respondent No. 3 as aforesaid was allowed by the Executive Engineer, Kanwarsen Lift Division, Loonkaransar vide order dated 31.5.13 and accordingly, the turn of the water supply to the extent of 2/3rd share of the respondent No. 2 & 3 herein, in the land in question was ordered to be curtailed. Aggrieved thereby, the petitioner preferred an appeal before the Superintending Engineer, Sahwa Lift Circle, IGNP, Bikaner, which stands dismissed by the order impugned. Hence, this petition.