MUNNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel for the appellant and perused the order of the learned single Judge dated 1-9-2003.

(2.) The appellant filed a writ petition seeking direction to quash the order dated 20-1 -2003 (Annex. 1) on the ground that no notice for opening the new water course through the land of the appellant was given nor any compensation or land in lieu thereof. It was further submitted that the water course was sanctioned in favour of third respondent in complete disregard to the provisions of Rajasthan Irrigation and Drainage Rules, 1955 and further in violation of the principles of natural justice. Learned single Judge dismissed the writ petition on the ground that the CAD Scheme was sanctioned much earlier In the department and, therefore, such an order which has the effect of setting aside the sanctioned scheme has rightly been set aside by the Superintending Engineer because the same was passed without there being any opportunity of hearing to the opposite party.

(3.) It is contended by the learned counsel that even if it is assumed that the order of Superintending Engineer is illegal as the opportunity of hearing was not given to the opposite party. In that event also, the matter could have been remitted to the Executive Engineer for passing a fresh order after giving opportunity of hearing to the parties concerned.