RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order (Annexure 5) dated 13.2.1992 passed by the learned Chief Engineer,. Irrigation Department, Rajasthan, Hanumangarh whereby the learned Chief Engineer has maintained the orders Annexure -3 dated 22.1.1990 passed by the learned Executive Engineer (Divisional Irrigation Officer) South Division, Sriganganagar and Annexure -4 dated 8.3.1990 passed by the learned Superintending Engineer (Superintending Irrigation Officer), Irrigation Circle, Sriganganagar as regards the change of water -course meant for filling the diggi, from which, the villagers of village chak 43 LNP, Tehsil Padampur take water.

(2.) IT is alleged that this diggi is situated in Square No. 80/238 and for filling up that diggi, a Naka (inlet) was sanctioned from Square No. 84/239. It is further alleged that in the year 1970, one Devsiram father of respondent No. 3 moved an application before the Executive Engineer for change of this Nakka from Square No. 84/239. According to Shri Devsiram, the existing water -course was passing through Kilas No. 21 to 25 of Square No. 13(83/238) whereas he has prayed for the change of water -course through Killa No. 21/1 of Square No. 14(80/238). That application was rejected.

(3.) AGGRIEVED against this order Annexure -3, the petitioner filed an appeal before the learned Superintending Engineer, who vide his order Annexure -4 dated 9.3.1990 rejected the appeal. A second appeal was also filed against that order (Annexure -4) and that too came to be dismissed vide order Annexure -5 dated 13.2.1992.