Alok Sharma, J. - (1.) The petitioners have challenged the order dated 30.06.2009 passed by the Executive Engineer, Water Resources, Division-I, Hanumangarh so also the order dated 07.08.2009 passed by the Superintending Engineer, Water Resources, Circle, Hanumangarh, whereby, the additional 'naka' sanctioned has been allowed to stand subject to the condition that the respondent Harpal Singh maintain the right of way over the outlet at his own cost without any obstruction.
(2.) The case of the petitioners is that the additional 'naka' ought not to have been sanctioned and the orders dated 30.06.2009 as modified by the order dated 07.08.2009 ought to be set aside.
(3.) The background facts to this petition are that the petitioners have agricultural land in Square No.66/108 and the inlet (naka) for the watering of the said agricultural land is at Stone No.66/108. The land of the private respondents is situate in Square No.67/107 and this land of the private respondents has been cultivated from the sanctioned 'naka' at Stone No.66/108 for the last over 40 years. Apart from the fields of the petitioners and the respondents, two other agricultural fields according to the petitioners have also been cultivated by the preexisting 'naka'. According to the petitioners, after the arrangement for watering the fields having existed for the land for about 40 years, the respondents No.4 and 5 moved an application before the Executive Engineer, Water Resources, Division-I, Hanumangarh stating that their land situate in Square No.67/107 was not getting optimal irrigation from the sanctioned inlet (naka). On this ground, the private respondents sought the sanction of an additional inlet (naka) at Stone No.66/108 between Killa Nos.21 and 22 of Square No.67/107 for watering their fields.;