BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THE appellant has filed this special appeal against the order dated 12.5.1997 rejecting the petition under Articles 226 and 227 of the Constitution of India filed by the present appellant, interalia on the ground that no right of the petitioner is shown to exist much less any fundamental right can be held to have been infringed. The genesis is very old. The facts emerging from the orders which has been produced in the writ petition, are that in the first instance respondent No. 2 has lodged a criminal complaint against the present appellant petitioner that he has illegally constructed a water course through the field of complainant when water course was already sanctioned for Murraba No. 43 through the lands comprising out of Murraba No. 47 Killa 21 to 24. This criminal complaint did not succeed. He therefore, lodged complaint before the Ex. Engineer (Irrigation), Sub -Division Jetsar. He on the basis of site inspection as well as on the basis of other record referred to in the order dated 21.8.1986 found against the objector Kehar Singh and held that there are two water courses sanctioned through Murraba No. 42 and on the site also water course in question is in operation for long, which is also supported by Jamabandi. He rejected the application of Kehar Singh. Aggrieved with the aforesaid order Kehar Singh appealed before the Superintending Engineer. The Supdt. Engineer also agreed with finding recorded by the Ex. Engineer vide his order dated 20.6.1988. The Addl. Chief Engineer allowed the appeal of Kehar Singh by the impugned order 9.10.1991.

(3.) AS noticed above since the learned single Judge was of the opinion that no right of the petitioner is being effected by the impugned order, the petition has been rejected.