SURJANT SINGH JAT SUKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The instant writ petition is directed against the order (Annexure-2) dtd. 3/11/2017 passed by the Executive Engineer, Water Resources Department, Hanumangarh, directing removal of the water course existing at the fields of the petitioners since the year 1970 and granting sanction for construction of new water course in accordance with the recommendations made by the CAD in the following terms:

(3.) Shri Sudheer Sharma, learned counsel representing the petitioners vehemently urged that the water course in question through which the petitioners fields were being irrigated was sanctioned in the year 1970 after due consideration of the technical data with the consent of all the parties concerned. As such, Shri Sharma urges that there is no justification for the decision to cancel the said water course which is in existence since the last 40 years. He further submits that the Executive Engineer does not have any powers of review and thus, the impugned order dtd. 3/11/2017 and the order dtd. 4/4/2018 are liable to be struck down as being illegal and arbitrary.