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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.