NAND RAM Vs. STATE

JUDGEMENT

(1.) Heard, learned counsel for the parties. These two appeals arise out of common order passed by learned single Judge on 18-7-2000 deciding S. B. Civil Writ Petition No. 923/99, Nand Ram v. State of Raj and S. B. Civil Writ petition No. 920/99. Both the writ petitions were preferred by two independent cultivators of Chak 3 B.H.M., whose total holdings admeasured 53 bighas, challenging the same order dated 6-11-98 passed by the Superintending Engineer, Irrigation by which he did not confirm the order passed by Divisional Irrigation Officer for supply of water to the petitioner-appellant in each case through outlet situated at stone No. 378 through existing water course in Chak No. 2 B.H.M. (A).

(2.) The land in question is situated in Chak No. 3 B.H.M. The land was getting its water supply through water course existing in chak 3 B.H.M. from the outlet meant for supply therefor, when the petitioner-appellants made applications for getting water supply for irrigation through the existing water course situated in Chak 2. B.H.M. (A). The applications wee considered by the Divisional Irrigation Officer in 1991 and he recommended that petitioner-appellants land situated in Chak 3 B.H.M. may be supplied water through the existing water course in question situated in chak 2. B.H.M. (A). Water supply was commenced immediately in pursuance of the recommendation made by the Divisional Irrigation Officer. The cultivators of Chak No. 2 B.H.M. (A) promptly protested against this change of attaching the lands of chak 3 B.H.M. with Chak 2 B.H.M. (A) for water supply to it from the outlet in question through water course existing in Chak 2 B.H.M. (A).

(3.) This led, in the first instance, to passing of an order by the Superintending Engineer on 1-10-91 at the behest of chief Engineer to whom grievance was ventilated by the cultivators of Chak 2 B.H.M. (A), for staying the implementation of recommendation of Divisional Irrigation Officer. Said order dated 1-10-91 was challenged by two separate writ petitions No. 5224/91 and 5415/91 one by Magha Ram and another by Nand Ram, who are presently appellants in the two appeals.