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Gram Panchayat Bhavi Vs. the State of Raj. and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 2020/1975
Judge
Reported in1977WLN(UC)527
AppellantGram Panchayat Bhavi
RespondentThe State of Raj. and ors.
DispositionPetition dismissed
Excerpt:
.....under article 226 and not whole panchayat.;it is only a cultivator who has been receiving certain supply of water during the past several years and has been denied full supply in contravention of some provision of law and has no other remedy fir redress of such injury, can make a grievance so as to invoke the jurisdiction of this court. it is not possible to hold that by a reduced supply of water, the whole village is aggrieved and further that the village panchayat can fight a case like the present one on their behalf in this court, no provision of the rajasthan panchayat act was cited so as to give the panchayat of bhavi a right to maintain this petition.;writ dismissed - - only the villagers of bhavi were allowed water in preference to other villages after integration of the state..........irrigation officer the divisional irrigation officer, directed on 28-10-75 that the share of bhavi village shall be for the year 1975-76, 6,300 bighas. on 3-12-75, however, the assistant engineer, irrigation, sub-division, jodhpur, (upon some order of the col it (sic) dated 25-11-75.) issued an order that only 4,234 bighas of land of village bhavi snail get water an appeal was also filed against the aforesaid under but it was alleged it was likely to be dismissed. by this petition, the gram panchayat of bhavi therefore, prays that the older of the assistant engineer dated 25-11-75 reducing the supply of water from 6300 bighas to 4,234 bighas be quashed and the respondents be directed to fix the percentage of supply of water according to guage and capacity of water.2. no reply has.....
Judgment:

M.L. Jain, J.

1. The brief facts are that when the Jaswant Sagar Dam known as Pachiyak Bundh was constructed in the district of Jodhpur in the Samvat year 1948 the cultivators of the village Bhavi were assured that they shall have the first preference over the use of water to irrigate their lands from the said Dam and other villages would be supplied water if any was available thereafter. This is also recorded in a note in the 'Dastur Ganwai' of the Samvat year 1980. The settlement entered into between the villagers and the Hawala Superintendent in 1919 A.D shows that the irrigated area of village Bhavi in that year was 14, 881 bighas In the year 1952, the Executive Engineer prepared a hydrograph showing the area of villages irrigated from 1931 to 1952 AD It indicates that when the water level fell to 11 ft. only the villagers of Bhavi were allowed water in preference to other villages After integration of the State of Mar war, the controversy between the various villages with regard to share of water continued and a High Power Committee was appointed in the year 1966. The High Power Committee gave a report 21-7-67 with which the villagers of Bhavi were not satisfied In the year 1968, the Irrigation Officer recommended that whatever water remained after supply of drinking water, it should be supplied to the cultivators of Bhavi and not to other villages. This practice continued upto 1973 AD The Government amended Rule 11 of the Rajasthan Irrigation and Drainage Rules, 1955, w.e.f. 13 12 73 and left the entite matter of distribution of water to the exclusive jurisdiction of the Divisional Irrigation Officer The Divisional Irrigation Officer, directed on 28-10-75 that the share of Bhavi Village shall be for the year 1975-76, 6,300 bighas. On 3-12-75, however, the Assistant Engineer, Irrigation, Sub-Division, Jodhpur, (upon some order of the Col it (sic) dated 25-11-75.) issued an order that only 4,234 bighas of land of village Bhavi snail get water An appeal was also filed against the aforesaid under but it was alleged it was likely to be dismissed. By this petition, the Gram Panchayat of Bhavi therefore, prays that the older of the Assistant Engineer dated 25-11-75 reducing the supply of water from 6300 bighas to 4,234 bighas be quashed and the respondents be directed to fix the percentage of supply of water according to guage and capacity of water.

2. No reply has been filed by the Slate Government against this petition.

3. I have heard Mr. V.S. Dave the learned Counsel for the petitioner and the learned Deputy Government Advocate. It clearly appears to me that the petition has spent itself as far as the orders issued by the Collector and the Irrigation Engineer in the year 1975 are concerned. As regards the second prayer as to how the water in future should be distributed, this Court cannot issue any vague directions. It is only a cultivator who has been receiving certain supply of water during the past several years and has been denied full supply in contravention of some provision of law and has no other remedy for redress of such injury, can make a grievance so as to invoke the jurisdiction of this Court It is not possible to hold that by a reduced supply of water, the whole village is aggrieved and further that the village Panchayat can figbi a case like the present one on their behalf in this Court. No provision of the Rajasthan Panchayat Act was cited so as to give the Panchayat of Bhavi a right to maintain this petition.

4. This petition is therefore dismissed, but without any order as to cost.


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