CW 5306/09-Jeet Singh Vs. The State of Rajasthan & Ors. Judgment dt.3.7.09 1/2 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. ------- 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 2/2 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/