HANS RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AT times, hue and cry is raised and questions are raised about the back log of cases pending in the courts. There are many reasons for it, one of the main reasons is the total apathy and the rigid attitude of higher officers of Govt. itself. This case is the best example of it. This is the second round of litigation between the parties. There are as many as 83 petitioners, who are forced to file this petition before this Court once again though earlier writ petition no. 2930/95 was decided by the learned Single Judge of this Court way back on 8. 11. 1995 by directing the authority to take fresh decision after hearing them but they are once again at square one.

(2.) IN earlier writ petition, only one contention was raised by learned counsel Shri Sharma that their right, title or interest stood vitally affected by the impugned order passed by the authority below inasmuch as they were not heard. Thus, the impugned order passed by the authority was in flagrant violation of principles of natural justice, therefore, liable to be set aside. That contention of the learned counsel for the petitioner was objected by the learned counsel for respondents by submitting that mere presence of petitioners before the Chief Engineer was enough and that amounts to hearing and after hearing them the order was passed by the authorities.

(3.) THUS, it clear appears from the list but one para of the impugned order that the Chief Engineer heard the arguments advanced by the learned counsel for the parties as per the order of this Court on 12. 4. 1996 but disposed of an appeal in a most arbitrary manner by observing that, ``considering the record of the case in detail it appears that the earlier order dated 25. 8. 1995 passed by him was in the interest of better technical irrigation, which is found to be proper, therefore, it is decided to upheld the same. ''