MANPHOOL Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) By the instant writ petition under Article 227 of the Constitution of India, the petitioner seeks a direction in nature of prohibition restraining the respondent No. 2 from constructing a new water course in his land without proceedings under Ss. 22, 24 and 25 of the Irrigation and Drainage Act, 1954 (for short "the Act of 1954" hereinafter) and further restraining the respondent No. 2 to bring about the change in the existing irrigation system under Rule 11(2) of the Irrigation and Drainage Rules, 1955 (for short "the Rules of 1955" hereinafter).

(2.) I have heard learned Counsel for the parties.

(3.) It is contended by learned Counsel for the petitioner that the petitioner is an agriculturist having possession over the land in Chak No. 5 KNN in squares covered by stone Nos. 344/371 and 344/372. The land belonging to the petitioner is irrigated from the Canal in Chak No. 5 KNN. The water courses shown in the original plan Annexure -2 are the existing water courses, which have been sanctioned by the Irrigation Department, however, now the respondent No. 2 wants to change the water course without following the procedure provided under Ss. 22, 24 and 25 of the Act of 1954 as also the Rule 11(2) of the Rules of 1955. Learned Counsel for the petitioner has relied on the decision of this Court in Indraj v/s. Executive Engineer, 1986 RLR 547 and Amar Singh and Ors. v/s. State of Raj. and Ors., 1995(1) WLC (Raj.) 744.