PRITHVI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition is directed against the order dtd. 27/7/2022 (Annex. 7) passed by the Superintending Engineer, Water Resources Circle, Srivijaynagar, District Sri Ganganagar, whereby the order dtd. 19/9/2019 (Annex. 6) passed by the Executive Engineer, Water Resources, Anupgarh Branch, Division First, Srivijaynagar, Sri Ganganagar, was set aside and the land of the private respondents was declared to fall within the category of command land.

(2.) Briefly stated, the facts of the case are that the petitioner is an agriculturist having agricultural land situated at Chak 9 SLD, Stone Nos. 70/394 and 70/395. The private respondents, namely Vidya Devi and Vinod Kumar, own agricultural land situated at Chak 9 SLD, Stone No. 71/392, measuring 16 bigha. Out of the said land, Kila Nos. 1, 2, 9, 10, 11, 12, 19, 20, 21, and 22 (10 bigha) (hereinafter referred to as "the land in question") are recorded as uncommand land, whereas Kila Nos. 3, 4, 5, 7, 8, and 13 (6 bigha) are recorded as command land. It is also borne out from the record that one Mani Ram holds 9 bigha of command land in the same Chak and, as per the CCA (Culturable Command Area) Statement, the total land of the Chak is 25 bigha, out of which 15 bigha is command land and 10 bigha is uncommand land.

(3.) The dispute between the parties arose when the private respondents preferred an application before the competent authority seeking grant of irrigation facility/water turn for their 10 bigha land, i.e., the land in question, which was recorded as uncommand land. The said application was rejected by the Executive Engineer vide order dtd. 19/9/2019 (Annex. 6). Being aggrieved, the private respondents preferred an appeal, registered as Appeal No. 19/2019, before the Superintending Engineer, which came to be allowed vide order dtd. 27/7/2022 (Annex. 7), whereby the land in question was treated as command land.