SURJANT SINGH S/O SHRI PRATAP SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-1-4
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on January 03,2020

Surjant Singh S/O Shri Pratap Singh Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

BHANSALI, J. - (1.) This special appeal is directed against judgment dated 24.07.2018 passed by learned Single Judge, whereby, the writ petition filed by the appellants-petitioners against orders dated 03.11.2017 (Annexure-2 to the writ petition) passed by the Executive Engineer, Water Resources Department, Hanumangarh cancelling the water course and dated 04.04.2018 (Annexure-4 to the writ petition) passed by Superintending Engineer, Hanumangarh dismissing the appeal filed by the appellants, has been rejected.
(2.) The facts in brief may be noticed that the Executive Engineer, Pilibanga Division, Hanumangarh Junction vide order dated 22.07.1970 sanctioned new water course for Stone Nos. 229/319 to 229/321 through Kila Nos. 5, 6, 15, 16, and 25 of Murabba Nos. 229/319 and 229/320 and the earlier water course at Murabba Nos. 228/320, 230/320 and 230/321 was cancelled. The water course continued to be in existence and the appellants were availing the irrigation facilities.
(3.) On 27.06.2017 respondent No. 3 - Manjeet Singh filed an application seeking cancellation of the water course situated at Stone No. 229/319 through Kila Nos. 5, 6, 15, 16 and 25. The application was forwarded to Assistant Engineer, who got the issue examined by Chairman of the Water Users Association, whose report was got examined technically from the Junior Engineer. The appellants filed their objections. Whereafter the parties were heard and affected agriculturists were got served.;


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