RAJESH BALIA, J. - (1.) THE petitioner is aggrieved with the order passed by Superintending Engineer, Irrigation dated 8.8.1995 and Chief Engineer dated 11.4.1996 by which the orders passed by the Executive Engineer on 12th May, 1995 allowing the application of the petitioner for shifting the existing Barabandi as per the proposal made by the Tehsildar was sustained. On appeal, the order of Executive Engineer was set aside by the Suptd. Engineer. Which order was affirmed by Chief Engineer in second appeal.
(2.) FROM the perusal of the orders, it is found that the order passed by the Executive Engineer did not give any reason for acceptance of the request made by petitioner Dulichand for change in the existing Barabandi. Superintending Engineer and thereafter the Chief Engineer considered the objections raised against the change in Barabandi, and the modification in Barabandi is not in the interest of irrigation particularly keeping in view that the petitioner's turn has already been fixed at Stone No. 522/461 for 14 bighas of land. However, he has kept the turn at the stone and has included his turn of irrigation for three bighas alongwith other land holders from stone 534/463 and the shifting of this Barabandi would result in requirement of digging in six additional murabbas of the water course. I am of the opinion, in view of the reason found by the technical expert for rejecting the prayer has not been in the interest of irrigation is not liable to be interfered with in this writ petition by this Court in its extra -ordinary jurisdiction. Moreover, it appears that the existing system of Barabandi was already going on and even after the setting aside of the order passed by Executive Engineer, no change has taken place at the site. It is not a case of any substantial injury caused to the petitioner by the accepting his application for shifting of Barabandi as prayed for by him.
(3.) PETITION fails and is hereby dismissed. Notices discharged.;