Jeet Singh vs State & Ors on 3 July, 2009

CW 5306/09-Jeet Singh Vs. The State of Rajasthan & Ors.        Judgment dt.3.7.09

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                S.B. CIVIL WRIT PETITION NO.5306/2009
                Jeet Singh Vs. The State of Rajasthan & Ors.

Date of order                            :                3rd July, 2009

                                       PRESENT

               HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Vijay Jain for the petitioner.

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1.              This writ petition is directed against the orders of two

courts below dated 16.6.2008 and 2.5.2009 rejecting the prayer for

temporary injunction in suit filed by the petitioner-plaintiff regarding

water course which is running through the suit land of Murabba

No.19 in Chak No.22 APD Tehsil Anoopgarh of the petitioner.

2.              Learned counsel submits that since the plaintiff had

revoked the licence to use given to the defendant and filed suit for

permanent injunction, the learned trial courts have erred in rejecting

the application for temporary injunction. Hence this writ petition.

3.              During the course of arguments, the learned counsel

further submitted that the plaintiff-petitioner may be given liberty to

approach the Collector under Rule 11 read with 23 and 24 of

Rajasthan Irrigation and Drainage Rules, 1956 for deciding the
 CW 5306/09-Jeet Singh Vs. The State of Rajasthan & Ors.          Judgment dt.3.7.09

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controversy as to whether the said water course of the tenants which

were passing through his land for last so many years could be

changed upon revocation of licence in favour of defendant. By the

impugned orders, the learned courts below have only rejected the

application for granting temporary injunction which does not require

any interference by this Court in the present writ petition under

Article 227 of the Constitution of India. However, it is needless to

say that the petitioner can always approach competent authority i.e.

the Collector for change of water course.                    In the facts and

circumstances of the case, the learned Collector is expected to decide

the said application as early as possible.

4.              With these observations, this writ petition is disposed of.

Copy of this judgment be sent to the opposite parties as well as

learned trial court.

                                                   [ DR. VINEET KOTHARI ], J.

item No.7
babulal/