- (1.) This writ petition raises a question relating to the interpretation of Section 53 of the Rajasthan Irrigation & Drainage Act, 1954 (hereinafter referred to as 'the Act'). The facts which give rise to the present writ petition are a few & simple. The petitioners as well as the respondents No. 4 to 30 are agriculturists owning agricultural land situated in Chak 3b in Tehsil Sri Ganganagar and there were irrigating their fields according to turns fixed by common consent. This system is known as 'Panchayati Bari'. However, as disputes arose between the parties, the petitioners submitted an application to the Divisional Irrigation Officer, Gang Canal, North Division, Sri Ganganagar requesting him to resolve the dispute by fixing the turns of all persons in Chak 3b regarding the supply of water from the common water-course. The Divisional Irrigation Officer by his order dated October 17, 1973 directed that Gili Sukhi Khatewar Bari' would govern the distribution of the parties in Chak No. 3b till the end of the Rabi crop of the year 1973-74, which was standing at that time and further directed that 'Gili Sukhi Nakowar Bari' be introduced from the beginning of the kharif crop of 1974 i.e. from April 15, 1974. The respondents No. 4 to 30 filed an appeal against the aforesaid order passed by the Divisional Irrigation Officer before the Superintending Irrigation Officer, Bikaner Irrigation Circle, Sri Ganganagar, who allowed the appeal by his order dated December, 14, 1973 and modified the order passed by the Divisional Irrigation Officer to the effect that 'Gili Sukhi Khatewar Bari' be introduced with effect from April. 15, 1974 instead of Gili Sukhi Nakewar Bari'.
(2.) The petitioners contend that an appeal was not maintainable before the Superintending Irrigation Officer against the order passed by the Divisional Irrigation Officer dated October 17, 1973 and that the Superintending Irrigation Officer had no jurisdiction to interfere with the aforesaid order passed by the Divisional Irrigation Officer. On the other hand, the respondents contest this position and their contention is that an appeal before the Superintending Irrigation Officer was maintainable under Rule 55 of the Rajasthan Irrigation and Drainage Rules, 1957 (hereinafter referred to as 'the Rules'.).
(3.) The petitioners relied upon the provisions of Section 53 of the Act, which are as under: Section 53. Settlement of reference as to mutual rights and liabilities of persons interested in water course:(1) Whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a water course, any such person may apply in writing to the Divisional Irrigation Officer stating the matter in dispute; and such officer shall thereupon give notice to the other persons interested that, on a day to be named in such notice, he will proceed to enquire into the said matter, and, after such enquiry, he shall pass his order thereon unless he transfers "as he is hereby empowered to do) the matter to the Collector who shall thereupon enquire into and pass his order on the said matter. (2) Such order shall be final as to the use or distribution of water for any crop sown or growing at the time when such order is made and shall there after remain in force until set aside by the decree of a Civil Court.;