Supreme Court of India · 2019-08-27
MADAN LAL vs THE STATE OF RAJASTHAN THE STATE OF RAJASTHAN AND ORS. THE DISTRICT COLLECTOR
- Citation / case number
- SC 2015/12158
- Court
- Supreme Court of India
- Petitioner
- MADAN LAL
- Respondent
- THE STATE OF RAJASTHAN THE STATE OF RAJASTHAN AND ORS. THE DISTRICT COLLECTOR
- Author
- ANIRUDDHA BOSE DEEPAK GUPTA
- Bench
- HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE DEEPAK GUPTA
Judgment text excerpt
The Supreme Court held that under Section 53 of the Rajasthan Irrigation and Drainage Act, 1954, disputes regarding mutual rights and liabilities concerning water courses must first be referred to the Divisional Irrigation Officer, whose order is final until set aside by a Civil Court. The Court found that the High Court erred in ruling that the Civil Court lacked jurisdiction to entertain the dispute, emphasizing that the Civil Court can decide such matters, barring orders related to crops sown at the time of the order. Consequently, the Supreme Court allowed the civil appeal, set aside the High Court's judgment, and remanded the case for merits consideration.