RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India on 6-8-2003 against the respondents with a prayer that by an appropriate writ, order or direction the order dated 7-7-20O3 (Annex. 6) passed by respondent No. 2 (Superintending Engineer, Irrigation Circle, Hanumangarh Junction) by which the Superintending Engineer FV/GV/R100/2004//GSD-VNP/USA/24416/2004 (respondent No. 2) dismissed the appeal (Annex. 3) filed by the petitioner against respondent No. 4 (Madan Lal) and upheld the order dated 3-1-2002 (Annex. 2) passed by the respondent No. 3 (executive Engineer, Irrigation Division-II, Hanumangarh) by which respondent No. 3 (Executive Engineer) allowed the application filed by respondent No. 4 (Madan Lal) and sanctioned another Naka (drain) from the khasra No. 512/434 belonging to the petitioner for supplying water to his agricultural field situated in Khasra No. 513/434 be quashed and set aside.

(2.) The facts of the case as put forward by the petitioner are as under :

(3.) In this writ petition, the following two contentions have been raised by the learned counsel for the petitioner :