LAXMAN Vs. STATE

JUDGEMENT

(1.) BY this writ petition, the petitioners seek to quash the impugned orders Anx. 1 dt. 19.6.1993 passed by the Superintending Engineer, Sri Vijaynagar and Anx. 2 dt. 23.11.1993 passed by the Chief Engineer, Irrigation, Hanumangarh.

(2.) BRIEFLY stated the facts of the case as alleged by the petitioners are that the respondent No. 5 Mahavir Prasad and some other persons got allotted uncommand land in Chak 26 -A of Tehsil Anupgarh and made a demand from Executive Engineer for water supply for irrigation purpose who referred the matter to the Superintending Engineer. Vide order dt. 19.6.1993 (Anx. 1), the Superintending Engineer ordered to create a new Chak 6 MSR -A. Thereafter an appeal was filed before the Chief Engineer who vide order dt. 23.11.1993 transferred the whole of the area of Chak 26A to MSR Minor. Being dissatisfied with the orders Anx. 1 and 2, the petitioners have filed this writ petition.

(3.) RESPONDENT No. 5 has also filed reply stating that on the application moved by him alongwith other cultivators, the Divisional Irrigation Officer gave notice to all the effected persons and after recording their statements proposed new outlet of Chak No. 6. MSR/A. The Divisional Irrigation Officer made his recommendation under Section 16 of the Act which was accepted by the Suerintending Engineer vide order dt. 19.6.93 (Annex. 1). It has also been stated that the water turn of the petitioners is not shortened nor the size of Chak Nos. 5 -6 MSR has been reduced.