JARNEL SINGH Vs. STATE

JUDGEMENT

(1.) this writ petition, petitioners challenge the order Ex. 1 dated 6-10-1986 by the Executive Engineer, Gang Canal, North Division, Sriganganagar, order Ex. 2 dated 26-12-1988 by the Superintending Engineer, Irrigation tCircle, Sriganganagar and order Ex. 3 dated 5-9-1991 by Additional Chief Engineer, Irrigation, North Division, Hanumangarh.

(2.) Brief facts giving rise to the aforesaid petition, may be stated thus petitioner No. 1 Jarnel Singh is a resident of Chak 49, G. G. Tehsil Karanpur and petitioner No. 2 Harchand Singh is co-sharer of Chak 47, G.G. I of Tehsil Karanpur, District Sriganganagar. Land falling in Chak 47 G.G. I is being irrigated by water supply through an outlet situated at Stone No. 143 of Canal G.G. Minor. Two separate outlets for supply of water for irrigating lands of Chak 49 G.G., and Chak 47 G.G. I were situated at Stone No. 151 of Canal G.G. Minor. Two outlets through which Chak 47 G.G. II and Chak 49 were supplied water for irrigation were situated at the tail end of the Canal G.G. Minor. On an application made by respondent No. 5 Mukhtiar Singh, Executive Engineer, Gang Canal, North Division, Sriganganagar passed an order on 6-10-1986 (Ex. 1) and ordered shifting of the outlet through which Chak 47 G.G. II was supplied with water from Stone No. 151 of Canal G.G. Minor to Stone No. 106 of Canal F.G. Minor. It is not disputed that before passing the said order, notices were issued to all co-sharers of 47 G.G. II and no objection on behalf of any of the co-sharer of Chak 47 G.G. II was raised. However, the present petitioners preferred appeals before the Superintending Engineer respondent No. 3 against the order dated 6-10-1986 (Ex. 1). The appeals filed by the petitioners were dismissed by a common order dated 26/12/1988 (Ex. 2). Further appeal before the Additional Chief Engineer also met with no success. The order passed by the Addl. Chief Engineer is dated 5-9-1991 (Ex.3). The petitioners have challenged the aforesaid three orders through the above writ petition.

(3.) A caveat has been entered on behalf of respondent No. 5 Mukhtiar Singh to oppose the admission of the petition and a reply or behalf of Mukhtiar Singh has also been filed.