SARJEET SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The writ petition has been filed by the petitioner aggrieved against the orders dated 03.06.2015 passed by the Executive Engineer, Water Resources, Division - I, Hanumangarh and order dated 30.06.2015 passed by the Superintending Engineer, Water Resources Circle, Hanumangarh, whereby the application filed by the respondent No.4 seeking consolidation of water turn has been accepted and the appeal filed by the petitioner has been dismissed respectively.

(2.) It is submitted by learned counsel for the petitioner that the respondent-Executive Engineer vide order dated 03.06.2015 based on a prayer made by the respondent No.4 without providing any opportunity of hearing to the petitioner and/or any other person, has passed the order for consolidation of water turn. It is submitted that the said passing of the order is in violation of Rule 11(3) of the Rajasthan Irrigation and Drainage Rules, 1955. It is further submitted that the consolidation of the respondent's water turn would result in petitioner being affected, however the said aspect has not at all been considered by the Executive Engineer and, therefore, the order passed cannot be sustained. It is further submitted that the Appellate Authority based on the affidavit filed by respondent, which was obtained subsequent to the passing of the order of the Executive Engineer, has dismissed the appeal filed by the petitioner and has rejected the petitioner's objections, which also cannot be sustained. With reference to the Circular (Annex.-5), learned counsel made submissions regarding the provisions for consolidation as well the point of time when such action can be taken. It was prayed that both the orders passed by the authorities cannot be sustained.

(3.) Learned counsel for the respondent No.4 vehemently submitted that the orders passed by the authorities below do not call for any interference, inasmuch as, the petitioner is not at all affected by passing of the order in favour of the respondent. It is submitted that pursuant to the order passed by the Executive Engineer, the water turn has already been fixed and in fact in case any interference is made at this stage, the same would be in the mid crop season and not otherwise. With reference to the affidavit (Annex.-R4/1) given by the other cultivators of the Chak, it is submitted that except for the petitioner, no one has any objection to the consolidation of the respondent's water turn and, therefore, the orders passed by both the authorities below do not call for any interference.