SHUCHI PANDEY Vs. STATE

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 28/8/2024 passed by the Superintending Engineer, Water Resources, Circle Hanumangarh in Appeal No.70/2024 whereby the order dtd. 1/8/2024 as passed by the Executive Engineer has been set aside and the matter has been remanded back to the Executive Engineer for decision afresh. However, while passing the said order, the Superintending Engineer directed to restore the current irrigation facilities in compliance of the order dtd. 1/8/2024 as passed by Executive Engineer.

(2.) Learned counsel for private respondent No.4 raised a preliminary objection regarding the maintainability of the present writ petition with a submission that the present petitioner had moved before the Civil Court also for the same relief wherein his prayer for temporary injunction was rejected and hence, the present writ petition for the same relief cannot be entertained.

(3.) Responding to the above preliminary objection, learned counsel for the petitioner submits that in the Civil suit the relief prayed for was to restrain the respondents from constructing any water course through his agricultural field. In the said suit while rejecting the temporary injunction application as filed by the petitioner, the learned Civil Court observed that the action taken by the Executive Engineer was in compliance of the order dtd. 28/8/2024 passed by the Superintending Engineer and hence, the same was valid. In the said event, the petitioner was left with no other option except to challenge the order dtd. 28/8/2024 passed by Superintending Engineer. Hence, the present writ petition has been filed challenging the said order, which is very well maintainable before this Court.