SHISHPAL S/O KURDA RAM Vs. STATE OF RAJASTHAN THROUGH DEPARTMENT OF WATER RESOURCES, GOVT OF RAJASTHAN, SECRETARIAT, RAJASTHAN, JAIPUR

JUDGEMENT

(1.) This writ petition is filed by the petitioners with the prayer for quashing of the order dated 16.10.2017 (Annexure-25) passed by Superintending Engineer, Water Resources Circle, Nohar District Hanumangarh. The petitioners are also praying that respondent-authorities be directed to provide them irrigation facilities for their agriculture fields from Jogiwala Minor of Amarsingh Branch through a Naka situated at Chak 7JGW(A). The petitioners are opposing the decision of the respondent-authorities of providing them irrigation facility from Sherpura Minor of Sidhmukh Branch through a Naka situated at Chak 3.

(2.) Brief facts of the case are that the petitioners were getting irrigation facility for their agriculture fields from Jogiwala Minor of Amarsingh Branch through a Naka situated at Chak 7JGW(A) some time till 2012, however, the respondent-authorities had thereafter decided to provide water to the petitioners for irrigating their agriculture fields through a Naka of Chak 3 situated at Sherpura Minor of Sidhmukh Branch. The petitioners have resisted the move of the respondent-authorities and made various representations to the District Collector, Hanumangarh as well as the officials of the respondent - Water Resources Department. Several letters were exchanged between the Executive Engineer, Superintending Engineer and the Chief Engineer in respect of the objections filed by the petitioners at some point of time in the year 2013. The Executive Engineer, Bhadra has recommended to the Superintending Engineer that the demand of the petitioners to get the irrigation facility from Jogiwala Minor of Amarsingh Branch through a Naka situated at Chak 7JGW(A) appears to be genuine, however, the then Chief Engineer raised certain quarries and asked the subordinate authorities to justify their recommendations.

(3.) In the year 2015 i.e. on 04.12.2015, the Superintending Engineer of the respondent - department ordered for construction of a wall in Jogiwala Minor of Amarsingh Branch through a Naka situated at Chak 7JGW(A) and pursuant to that, the Executive Engineer issued a notice to the petitioners and other concerned persons for complying with the directions given by the Superintending Engineer. At this stage, the petitioners preferred SBCWP No.3121/2016 before this Court essentially with a grievance that the respondent-authorities are not taking into consideration the objections raised by them regarding the change in the irrigation system by which they are getting water to their agriculture fields since long.