B.S.CHAUHAN, J. - (1.) HEARD the learned Counsel for the appellants Shri J.L. Purohit and Shri B.C. Mehta, for the respondents as well as Shri R.K. Singhal for the intervenor.
(2.) THIS Special Appeal has been filed under Section 18 of the Rajasthan High Court Ordinance, 1949 against the order dated 6.8.2001 passed by the learned Single Judge of this Court in S.B.C. Writ Petition No. 2985/2001 raising various issues. The learned Single Judge has held that the provisions of Rule 11 of the Rajasthan Irrigation and Drainage Rules, 1955 (hereinafter called as the Rules) are not attracted in this case. Shri Purohit, learned Counsel appearing for the appellants has made the submissions that provisions of Rule 11 of the Rules are very much attracted and therefore the order passed by the learned Single Judge requires reconsideration by this Court. In the instant case, there have been claims and counter -claims by the parties. The grievance of the petitioners have been that in case the respondents are permitted to change the scheme/outlet of irrigation, they would get less quantity of water. A person has a right to approach the writ Court provided he satisfies the Court that he is adversely affected i.e. the order is to be tested on the touch -stone of doctrine of prejudice.
(3.) IN the instant case, the grievance of the appellants have been that by change of scheme/outlet, they will not get the quantity of water for which they are entitled to under the existing Rules. The respondents have filed the reply stating as under: The answering respondents neither wants to curtail any irrigation facilities provided to the cultivators of New Khara Distributory including the petitioners in respect of Due Designed Share of water, as per old Jhandawala system.;