DULICHAND Vs. CHIEF ENGG IRRIGATION

JUDGEMENT

(1.) THE petitioner is aggrieved with the order passed by Superintending Engineer, Irrigation dated 8.8.1995 and Chief Engineer dated 11.4.1996 by which the orders passed by the Executive Engineer on 12th May, 1995 allowing the application of the petitioner for shifting the existing Barabandi as per the proposal made by the Tehsildar was sustained. On appeal, the order of Executive Engineer was set aside by the Suptd. Engineer. Which order was affirmed by Chief Engineer in second appeal.

(2.) FROM the perusal of the orders, it is found that the order passed by the Executive Engineer did not give any reason for acceptance of the request made by petitioner Dulichand for change in the existing Barabandi. Superintending Engineer and thereafter the Chief Engineer considered the objections raised against the change in Barabandi, and the modification in Barabandi is not in the interest of irrigation particularly keeping in view that the petitioner's turn has already been fixed at Stone No. 522/461 for 14 bighas of land. However, he has kept the turn at the stone and has included his turn of irrigation for three bighas alongwith other land holders from stone 534/463 and the shifting of this Barabandi would result in requirement of digging in six additional murabbas of the water course.

(3.) PETITION fails and is hereby dismissed. Notices discharged.