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Judgment
By way of the present writ petition, petitioners have
challenged the order dated 03.03.2017 passed by the learned
Additional District Judge No.1, Hanumangarh in Civil Misc. Order
No.04/2017 (Shyopatram & Ors. Vs. State & Ors.) whereby he has
affirmed the order dated 04.01.2017, passed by the learned Civil
Judge, Hanumangarh in Civil Misc. Case No.113/2015, rejecting
the application for temporary injunction, filed by the petitioners-
plaintiffs.
Mr. J.K. Bhaiya, learned counsel for the petitioners while
challenging the order impugned dated 03.03.2017 contended that
as a result of rejection of application for temporary injunction, the
supply of water to the tank in question shall be stopped, which
would prejudicially effect the rights of the villagers, including the
petitioners.
Both the Courts below while deciding the petitioners''
application for grant of temporary injunction, have given a
categorical finding in relation to prima facie case observing inter
alia that the water supply to the water tank shall not be stopped.
The finding of the Court is duly supported by the averments in the written statement filed by the defendants Irrigation Department
which, reads as under:-
"VERNACULAR MATTER OMITTED"
In view of the specific stand taken by the Irrigation
Department, the apprehension of the petitioners that by virtue of
the order dated 02.11.2015 (Annex.2) passed by the
Superintending Engineer, the supply to the water tank shall be
stopped, is misplaced.
No interference is called for in the present matter and the
writ petition is dismissed summarily.
However, the Trial Court may decide the case giving some
priority to the case as it purportedly involves the issue of water
supply to the villagers.