N.K.JAIN, J. - (1.) THIS special appeal Under Section 18 of the Rajasthan High Court Ordinance, 1949 has been filed by the appellants against the order of learned Single Judge dt. 29.3.93 whereby while disposing of the writ petition granted 15 days time to the appellant to file an appeal before the Competent Authority and the authority was directed to decide the appeal if so filed objectively without being influence by its prior order.
(2.) THIS special appeal has been filed on 3.5.93. Notice to show cause was issued on 6.5.93 and in the meanwhile status quo as regards water course and outlet as it existed on that day was maintained. In pursuance of notice Mr. B.C. Mehta, appeared on behalf of the respondents. Mr. Saluja, learned Counsel for the appellant submitted that the learned Single Judge had erred in directing the petitioners -appellants to first file an appeal before the competent authority and as the competent authority had already taken a contrary view in its administrative capacity, filing of an appeal will not be of any avail and as such the writ petition is maintainable. He has also submitted that the respondents in violation of principles of natural justice and in violation of Rule 11 of the Rajasthan Irrigation and Drainage Rules 1955 has passed the order changing outlet, therefore, the impugned order be set aside. He has relied on Firm Murlidhar Brijmohan of Jhunjhunu v. State of Raj. ILR (1957) 7 Raj. -725, Mysore State Road Transport Corporation v. Mirja Khasim Ali Beg and Anr. : (1977)ILLJ262SC and 1985 SC -1147.
(3.) ON the other hand Mr. Mehta has submitted that no interference is called for and the case law cited by the counsel for the appellant is not applicable to the facts of the present case. He has relied on Shivlal v. State of Raj. and Ors. .;