JEET RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been preferred against the order dated 12-10-2006 (Annex. 3) whefeby the Executive Engineer, Gangnahar South Division, sriganganagar directed stoppage of irrigation water supply on the agricultural land comprised in Murabba Nos. 51 and 23 in chak-29 RB; and against the order dated 15-11-2006 (Annex. 6) whereby the Superintending Engineer, Water Resources, Circle sriganganagar dismissed the appeal filed by the petitioners against the aforesaid order dated 12-10-2006.

(2.) PUT in a nutshell, the relevant aspects of the matter are that the aforesaid agricultural land seems to have been allotted to baishakha Singh, father of petitioner No. 1; and came to be attached in recovery of the loan amount due to the Punjab National bank, Raisinghnagar. The Executive Engineer, Ganghahar South Division, sriganganagar, pursuant to a communication dated 16-7-2006 as received from the tehsildar (Revenue), Raisinghnagar issued instructions under the impugned order dated 12-10-2006 (Annex. 3) to the Assistant engineer, Irrigation Sub-Division, raisinghnagar to discontinue the water supply of the land under attachment. It appears that the said Tehsildar addressed yet another communication to the Executive engineer on 18-10-2006 for enforcing the distress order whereto the Executive Engineer stated a reply on 3-11-2008 (Annex. 4) and, while taking exception to the nature of language employed by the Tehsildar, pointed out that necessary orders had already been issued but the water turn could not be discontinued in the mid crop season. The learned Executive Engineer also pointed out that for the purpose of recovery of the loan amount of the Bank or any other institution, there was no provision in the irrigation Rules to discontinue with the water supply and such proceedings were adopted only by way of departmental co-operation but when the matters were taken up in litigation, the department was unnecessarily required to defend the same and, therefore, opined that the attached land be given on contract basis by way of temporary auction. The Executive Engineer stated to the tehsildar thus : (Vernacular matter omitted. . . . . . . . . . . Ed.)

(3.) IT is, however, borne out from the record that pursuant to the impugned order dated 12-10-2006, the Patwari concerned proceeded to discontinue with the water supply of the said land on 6-11 -2006 and informed the Assistant Engineer accordingly (vide Annex. 5 ).