RAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) By way of the instant writ petition, the petitioners have approached this court with the following prayers :-

(2.) Brief facts of the case as noticed by this Court are that the petitioners want the Naka already sanctioned at Killa No. 25 to be shifted to Killa Nos. 20 and 21.

(3.) Learned counsel for the petitioners makes a categorical statement that the petitioners neither want the volume of water to be increased nor want to derive other benefits therefrom but simply seek shifting of Naka from Killa No. 25 to Killa Nos. 20 and 21 instead. Learned counsel for the petitioners in this regard submits that a favourable order was passed by the Executive Engineer on 5/11/2014 which was quashed by Superintending Engineer vide order dtd. 14/7/2015. Learned counsel for the petitioners submit that the only reason given by the Superintending Engineer in his order to set aside the order dtd. 5/11/2014 was that the petitioners had earlier given consent that if there is any objection then the petitioners' prayer to shift the naka may not be acceded to. Learned counsel for the petitioners submits that technically, the shifting of Naka from Killa No. 25 to Killa Nos. 20 and 21 is feasible and thus deserves to be shifted.