HANUMAN Vs. NENI BAI

JUDGEMENT

(1.) THIS special appeal has been filed the .appellant Hanuman against the order dated October 14, 1971, passed by the learned Single Judge in S.B. Civil Writ Petition No. 1709 of 1969. By the order aforesaid, the learned Single Judge allowed the writ petition filed by Lachhaman and quashed the order dated June 4,1969, passed by the Superintending Engineer, Sri Ganganagar and the order dated September 22,1969, passed by the Collector, Sri Ganganagar.

(2.) THE facts giving rise to the writ petition aforesaid are briefly as under. Appellant Hanuman owns field in Square No. 44 in Chak No. 39, Tehsil Padampur, whereas Lachhman was holding land in, Squares No. 42 and 43. Irrigation to the fields of Hanuman as well as Lachhman was done by Shri Gang Canal through the water course which was running from stone No. 67/235 to stone No. 69/235 and then to stone No. 69/234. Hanuman submitted an application before the Executive Engineer Sri Gang Canal Sourthern Division Sri Ganganagar, for alteration of the said water course and on the aforesaid application of Hanuman, the Exective Engineer passed an order dated September 14, 1967, whereby it was directed that water course shall run from stone No. 69/235 to stone No. 67/234 and then to stone No. 69/234. Lachhman filed an appeal against the aforesaid order passed by the Executive Engineer before the Superintending Engineer, Bikaner Irrigation Circle, Sri Ganganagar. The Superintending Engineer, by his order dated May 8, 1969, allowed the said appeal and sanctioned the change of the water course from stone No. 67/235 to stone No. 69/235 and to stone No. 69/234 on the view that it was more suitable to the interests of the holders, of squares Nos. 43 and 44. By his order dated June 4, 1969, the Superintending Engineer, Bikaner Irrigation Circle, Sri Ganganagar, reviewed his earlier order dated May 8, 1969, and directed that the water course as sanctioned by the Executive Engineer in his order dated September 14, 1967 may be maintained. Lachhman filed a petition before the Collector, Sri Ganganagar but the said, petition was rejected by the Collector by his order dated September 22, 1969. Thereafter, Lachhman filed a writ petition in this court wherein he challenged the order dated June 4, 1969 passed by the Superintending Engineer and the order dated September 22, 1969, passed by the Collector, Sri Ganganagar.

(3.) THE aforesaid writ petition of Lachhman was allowed by the learned Single Judge by his order dated October 14, 1971. The learned Single Judge held that no power had been conferred on the Superintending Engineer to review an order passed by him in appeal and therefore, he was not competent to review the order dated May 8, 1969. The learned Single Judge further held that the order dated June 4, 1969 had been passed without affording any opportunity to Lachhman to show cause why the earlier order dated May 8, 1969, should not be reviewed and the order dated June 4, 1969, was thus passed in violation of the principles of natural justice. Being aggrieved by the aforesaid order of the learned Single Judge the appellant has filed appeal.