RAJARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against order dated 29.5.09 of the Superintending Engineer, Water Resources Circle, Sri Vijaynagar, whereby the said authority while reviewing its earlier order dated 2.4,09 deciding the appeal preferred by inter alia the petitioner herein, has restored the order dated 19.12.08 of the Executive Engineer, Water Resources Anoopgarh Branch,, Division-I, Sri Vijaynagar, debarring the petitioner from irrigation facility for one year and imposing 20 times 'tawan'. The petitioners Raja Ram and Hanuman Ram are holding agriculture land ad measuring 2.50 bighas and 9.20 bighas in murabba No. 271/480 and 271/484 respectively in chak 15 LM. In the canal area, the cultivators get water supply according to their turn fixed by the Department of Irrigation. It is alleged that on 21.8.08, the Assistant Engineer, Water Resources Sub Division, Sri Vijaynagar raided the place and found that two tractors, one put in the canal and other standing at the bank of the canal were being used for taking the water unauthorisedly by using the pump. The penal proceedings for taking the water unauthorisedly were initiated against the petitioners. After issuing a notice and giving an opportunity of hearing to the petitioners, vide order dated 19.12.08 passed by the Executive Engineer, Water Resources Anoopgarh Brach, Division I, Sri Vijaynagar, the petitioners were debarred from their water supply turn for a period of one year and 20 times 'tawan' was imposed upon them.

(2.) Aggrieved by order dated 19.12.08, the petitioners preferred an appeal before the Superintending Engineer, Irrigation Circle, Hanumangarh Junction. The appeal was partly allowed and the order passed by the Executive Engineer debarring the petitioners from water supply for a period of one year was set aside, however, the 20 times 'tawan' imposed was maintained.

(3.) After passing of the aforesaid order, on a representation being made by Lunia Minor Water Conservation Committee, the Superintending Engineer reviewed its order dated 2.4.09 and restored the order passed by the Executive Engineer dated 19.12.08. Hence, this petition.