GURDAS SINGH Vs. STATE OF RAJ.

JUDGEMENT

(1.) This writ petition is filed by the petitioners being aggrieved with the order dated 27.06.2000 passed by the Superintending Engineer, Irrigation Circle, Sriganganagar whereby, the appeal No.37/99 filed on behalf of the petitioners has been dismissed.

(2.) The said appeal was preferred by the petitioners being aggrieved with the order dated 23.05.1995 passed by the Executive Engineer, Gang Canal (South Division), Sri Ganganagar whereby, the Executive Engineer has accepted the application filed by the respondent No.4 to transfer his land from Chak 8FFB to Chak 23 RB for the purpose of providing irrigation facility to his 23 bighas of the land.

(3.) The Superintending Engineer has rejected the appeal filed by the petitioners on the ground of delay while taking into consideration the fact that the impugned order was passed on 23.05.1995, whereas the appeal against it has been filed on 30.04.1999. It is observed by the Superintending Engineer that it is not believable that the petitioners had no knowledge about the order dated 23.05.1995 passed by the Executive Engineer up to 30.04.1999 because the agricultural land of the petitioners is adjacent to the agricultural land of the respondent No.4. The Superintending Engineer has also recorded a finding that the order dated 23.05.1995 has already been implemented and the respondent No.4 was getting irrigation facility to his agricultural fields from Chak 23 RB since 15.10.1995.