INDAR RAJ Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS writ petition is directed against the order dated Feb. 4, 1985 (Annex. 1) passed by the Executive Engineer Irrigation Pilibanga Division and the order of the Superintending Engineer Bhakra Irrigation Circle Hanumangarh dated October 30, 1985 (Annex. 2 ).

(2.) NON-petitioner Nos. 3 & others submitted an application to the Executive Engineer for cancellation of the existing water course and for construction of a new water course. Their grievance was that their lands are not being irrigated from the existing sanctioned water course at Stone No. 474/445, 476/445 and 476/444. They deposited necessary amount of fees. For the construction of a new water course, the application was allowed by the Executive Engineer and a new water course was ordered to be constructed and the existing water course was cancelled. The petitioners preferred an appeal before the Superintending Engineer but the appeal was dismissed and the order of the Executive Engineer was maintained.

(3.) ACCORDINGLY the writ petition is allowed. The orders Anx. 1 and Anx. 2 are quashed and set aside. However, it is directed that the application can be dealt with complying with the provisions of s. 22, 24 and 25 and other relevant provisions. Parties shall bear this own costs of this petition. .