JARNAIL SINGH Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) IN view of the short controversy involved, on the request of the learned counsel for the parties, this special appeal is taken up for final disposal.

(2.) THE appellant-writ petitioner submitted an application before the Divisional Irrigation Officer (Executive Engineer), Irrigation Division-II, Hanumangarh (hereinafter referred to as `d. I. O. ') under the provisions of Rajasthan Irrigation and Drainage Rules,1957 for shifting of outlet 22 MOD from stone No. 15. 08/267. 6 to stone No. 19/267. 8 with a view to get a proper water supply for their fields. THE D. I. O. sought technical report from the concerned Patwari, Ziledar and Assistant Engineer and made a recommendation to Superintendent Irrigation Officer, Irrigation Circle, Hanumangarh Junction (hereinafter referred to as `s. I. O. ' ). It appears that some objections were filed before the S. I. O. In view of this the S. I. O. sent the matter back to the D. I. O. by order dated 29. 07. 1997 to hear all the persons concerned and proceed in the matter keeping in view the technical aspects of the case. THE Executive Engineer again made a recommendation under communication dated 04. 10. 1997 for shifting of the outlet. THE S. I. O. by order dated 15. 01. 1998 rejected the recommendation and denied the request of shifting the outlet.

(3.) THUS, this special appeal is allowed and the matter is required to be send back to the D. I. O. to pass appropriate order on the application filed by the petitioner in accordance with law.