R.R. Yadav, J. - (1.) THE instant writ petition has been filed by the petitioners for quashing the order dated 26.4.91, Anx.3 to the writ petition, passed by the Addl. Chief Engineer, Irrigation, North Zone, Hanumangarh Junction on the ground inter alia that without affording an opportunity of being heard to the petitioners the order passed by the Superintending Engineer dated 3.4.91, Anx. 2 to the writ petition, has been set aside.
(2.) ACCORDING to the petitioners, the impugned order Anx.3 passed by respondent No. 1 is against the principle of natural justice and fair play. As a matter of fact, without giving an opportunity of hearing the respondent No. 1 has no jurisdiction to set aside the order passed by Superintending Engineer dated 3.4.91 Anx. 2 and further has no authority to remand the case back to Superintending Engineer without giving an opportunity heard to the petitioners. Although this case is not posted for final disposal but with the consent of the parties this case if finally heard and decided on merits.
(3.) I have heard the learned Counsel for the petitioners Mr. H.S.S. Kharlia as well as Mr. B.C. Mehta, appearing on behalf of respondent No. 1 and Mr. R.K. Singhal appearing on behalf of respondent Nos.2 to 5.;