Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 18.2.11 passed by the Superintending Engineer, Water Resources Circle, Sri Ganganagar, whereby an appeal preferred by the respondent No. 4 to 6 against the order dt. 6.8.09 passed by the Executive Engineer, Water Resources (North Division), Sri Ganganagar, has been allowed. The case as set out by the petitioners in the petition is that father of the petitioners Shri Karam Singh had two brothers; Sohan Singh and Mohan Singh and all three were having agriculture land in chak 10BB and 11BB, Tehsil -Padampur, District -Sri Ganganagar. The lands were partitioned between the brothers by way of an agreement dt. 20.3.73. The land in chak 10BB ad measuring 85.06 bighas fell in the share of Sohan Singh and Mohan Singh and the land measuring 43.12 bighas of Chak 11BB fell in the share of Karam Singh and since then, Karam Singh was cultivating the said land and after his death, the petitioners are in cultivatory possession thereof. It is submitted that the water turn of the land in chak 11BB was fixed in the name of Mohan Singh and continues in his name till date inasmuch as, pursuant to the partition, the entries were not made in the record of rights. The petitioners approached the respondents for division of khata in record of rights as per partition deed dt. 20.3.73, however, the division as prayed for was refused and therefore, the petitioners have filed a suit under Sec. 88, 91, 92(a), 53 and 188 of Rajasthan Tenancy Act for declaration of khatedari rights before the Assistant Collector, Padampur, which is pending till this date.
(2.) THE respondent No. 4 made an application before the Executive Engineer for fixing the water turn of 12 bighas of murabba No. 53 and 1.15 bighas of murabba No. 54 of chak 11BB in his name. The Executive Engineer vide order dt. 6.8.09 held that as the dispute regarding 13.15 bighas of land of Square No. 53 & 54 is pending before the Assistant Collector, Padampur, in view of the standing order No. 13 existing arrangements should not be disturbed and the water turn already running, should not be disturbed till the revenue suit is decided. Aggrieved by the order dt. 6.8.09 passed by the Executive Engineer, the petitioners preferred an appeal before the Superintending Engineer, who while allowing the appeal, ordered to fix the water turn of 12 bighas land as per the revenue record. Hence, this petition.
(3.) LEARNED counsel for the petitioners submitted that indisputably, as per the standing orders No. 13 of the Department of Irrigation in cases wherein title dispute is pending, the existing arrangements of irrigation shall not disturbed and therefore since, the dispute with regard to the declaration of khatedari right over the land in question is pending before the revenue Court of competent jurisdiction and the petitioners are already availing the irrigation facility for 13.15 bighas of land comprising square No. 53 & 54 of chak No. 11BB, the same cannot be disturbed. Learned counsel submitted that even as per the established practice of the Department of Irrigation, the arrangement of irrigation of fields in which title disputes are pending is not interfered with. Accordingly, it is submitted that the order impugned passed by the Superintending Engineer is not sustainable in the eyes of law.;