1 S.B. Civil Writ Petition No.9307/2008. (Balkaran Singh & Others Vs. State of Rajasthan & Others) DATE OF ORDER : 12.01.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ______________________________________ Mr. C.S. Kotwani for the petitioners. Mr. V.K. Agrawal for the respondent(s). Mr. V.K. Agrawal is directed to accept notice in this case on behalf of the respondent(s). In this writ petition, the petitioners have prayed for quashing order dated 03.10.2008, Annex.-2 and prayed for direction to the respondents to maintain the full water supply as per sanction Annex.-1 and, further prayed that the respondents may be restrained from removing the pipes installed by the petitioners. As per the case of the petitioners, they are producing sugarcane for the Ganganagar Sugar Mills Ltd., therefore, upon their land situated in Chak 8 RB, the State Government has reserved 50 qusec water from the Gang Nahar which M/s Rajasthan Ganganagar Sugar Mills Ltd., Sriganganagar supplies extra to the cultivators of sugarcane in Ganganagar district. As per the case set out by the petitioners they were allowed additional water supply out of the reserved 50 qusec water from the Gang Nahar; but, after the so called inspection by the 2 Patwari, when it is found that out of 64 bigha land the petitioners were growing sugarcane in 29 bigha only, upon this report, the impugned order has been passed. In my opinion, straight away, no direction can be given to the Irrigation Department authorities in this matter for allowing additional supply of water from the Gang Nahar to the petitioners. However, when admittedly as per para 3, water supply to the petitioners' agricultural fields was allowed by the Gangangar Sugar Mills Ltd., then, in the event of disturbing the said water supply by the Irrigation Department authorities, the petitioners are required to apprise of the matter to the authorities of M/s Rajasthan Ganganagar Sugar Mills Ltd., Sriganganagar and raise their grounds for additional water supply allowed by the Ganganagar Sugar Mills to them for production of Sugarcane in their fields. In this view of the matter, without interfering directly in the matter, the petitioners are granted opportunity to approach the competent authority of M/s Rajasthan Ganganagar Sugar Mills Ltd. by way of filing representation and claim intervention of the said Company for continuance of additional water supply from the Gang Nahar. Upon filing such representation, the competent authority of M/s Rajasthan Ganganagar Sugar Mills Ltd. shall consider the same and, after ascertaining the correct position in the matter with regard to production of sugarcane in 3 the agricultural fields of the petitioners, may direct the Irrigation authorities to allow the additional water supply to the agricultural fields of the petitioners out of 50 qusec water kept reserved by the State Government for M/s Rajasthan Ganganagar Sugar Mills Ltd., Sriganganagar. It is also made clear that at the time of deciding the matter, M/s Rajasthan Ganganagar Sugar Mills Ltd. shall first ascertain whether the contract is still in existence with the company and agriculturarists. The entire exercise shall be carried out within ten days of the date of receiving representation from the petitioners alongwith certified copy of this order. With aforesaid direction/observation, this writ petition is disposed of. (Gopal Krishan Vyas) J. Ojha, a.