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2026 DAILYLAW 13486 (RAJ)

CAPTAIN SHIVRAJ ABASARA (RETIRED) SON OF SHRI RANJEET SINGH v. STATE OF RAJASTHAN

CW/19596/2022 · 2026-08-14

Chandra Shekhar Sharma, Sanjeev Prakash Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:32234-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 19596/2022 CNR: RJHC021024822022 | URN: CW / 39190U / 2022 Captain Shivraj Abasara (Retired) Son Of Shri Ranjeet Singh, Aged About 54 Years, Resident Of Village - Sarmaliya, Tehsil Beawar, District Ajmer, President Kissan Sangarsh Samiti Beawar District Ajmer - 305901 ----Petitioner Versus 1. State Of Rajasthan, Through Its Director, And Joint Secretary, Local Self Government, Department, Directorate, Local Bodies, Rajasthan, Jaipur. 2. The District Collector, Collectorate, Ajmer. 3. The Municipal Council (Nagar Parishad), Beawar, District Ajmer Through Its Commissioner. 4. Shree Cement Limited, Having Its Registered Office Bangur Nagar, Post Box No. 33, Beawar, District Ajmer Thorugh its Joint President (Commercial) ----Respondents For Petitioner(s) : Mr. Ashish Kishore Saksena through V.C. For Respondent(s) : Mr. G.S. Gill, AAG assisted by Ms. Ritu Mishra & Mr. Aditya Singh Mr. Jai Prakash Gupta with Mr. Yashovardhan Agarwal HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA Order 14/08/2026 The present PIL has been filed assailing the decision of the Municipal Council to sell the waste-treated water of the STP to the bidders namely Shree Cement Ltd. Learned counsel submits that on account of selling the water to the concerned bidder, less water [2026:RJ-JP:32234-DB] (2 of 3) [CW-19596/2022] is being poured in the streams which are connected to the Makreda pond, where the water is collected and is the source for cultivation and also increasing underground water level. We have considered the submissions. We find that, in the reply filed by the State, it has been specifically pointed out that a tender was floated on 25.03.2022 by the Commissioner, Municipal Council, Beawar inviting "Expression of Interest" for sale of treated wastewater from the STP. Two Expressions of Interest, one by M/s. Castamet Works Pvt. and other by Shree Cement Ltd. were received. Shree Cement Ltd. provided a higher bid at Rs. 12.5 per 1000 litre and after negotiations it was raised to Rs. 13 per 1000 litre of wastewater. Upon accepting the same negotiations, Shree Cement and Municipal Council, Beawar agreed to supply 2-3.5 MLD of treated wastewater from the 4 MLD plant at Narsingpura and to supply 1 MLD to 1.5 MLD from the 5 MLD, STP at Vijay Nagar Road private Bus Stand for a period of 30 years with increase at the rate of 5% per annum. The selling of the said water is for generation of funds for operation and maintenance of the STPs. It has also been stated:- “That the water from bichdali pond goes to the makreda pond through chabni stream via dadi dham and that bichdali pond is the only feeder of makreda pond is factually incorrect. That from google maps it becomes clear that makreda pond is fed from fatehpuria doym, teekarana mandra tan, rumser baliyan, nundri, nundri mendra tan, beawar khas, gopalpura, chabni pred and other severa villages. The same is also seasonal in [2026:RJ-JP:32234-DB] (3 of 3) [CW-19596/2022] nature. That no hindrance has been created in the flow.” In view of the submissions made in the reply, we are satisfied that the usage of wastewater has been equally distributed to be released in the chabni stream as well as for industrial use. Decisions in this regard has to be taken by the Government and, more particularly, by the Nagar Parishad of the concerned places where the STPs are established. We cannot lose sight to the fact that operation and maintenance of the STP is also a wise idea and if funds are generated for the maintenance of the STPs, no objection possibly can be made by this Court. In view of the fact that the source of Makreda Dam is not only by way of wastewater but also from other streams as above, we need not further deal with this PIL and the same is dismissed. (CHANDRA SHEKHAR SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ 20/ANMOL