B.J. Shcthna, J. - (1.) At the request of learned counsel for the parties all these petitions are heard and disposed of by this common order today as the points involved in these petitions are the same.
(2.) The notification dated August 11, 1986 issued by the Deputy Secretary to the Govt, was published on August 28,1986 in exercise of powers conferred under sub-section (1) of Section 60 of the Rajasthan Irrigation Drainage Act, 1954, by which the State Govt, made amendment in the Rajasthan Irrigation and Drainage Rules, 1955 and inserted new sub-rule (c) after sub-rule (b) of Rule 55 of the Rules, 1955. Rule 55 (c) reads as under: "55(c). An appeal shall lie to the Chief Engineer/Additional Chief Engineer/Commissioner OAD, Chambal, Kota under their respective jurisdiction from any order passed by the superintending Irrigation Officer under the Act or these Rules."
(3.) Thus, under Rule 55 (c) an appeal would lie to the Chief Engineer/Additional Chief Engineer/Commissioner C.D., Chambal, Kota under their respective jurisdiction from any order passed by the Superintending Irrigation Officer under the Act or the Rules. Accordingly the aggrieved persons filed their appeals before the Chief Engineer etc. On 3-5-96, officer on special duty Irrigation by order of the Governor issued another notification in exercise of powers conferred under Section 60 of the Act and made the amendment in Rule 55 of the Rules. The notification is reproduced as under:- "Government of Rajasthan Irrigation Department. No. F. 22(8) lrrig./95 Jaipur. Dated 3-5-96. In exercise of powers conferred under Section 60 of the Rajasthan Irrigation and Drainage Act, 1954 (Act of 1954), the State Government hereby makes the following amendment in Rule 55 of the Rajasthan Irrigation and Drainage Rules, 1955 namely:- Amendment. I the said rule. - "The existing clause (c) of Rule 55 is hereby deleted with immediate effect." By order of the Governor Sd/- (R. C. Agarwal) Officer on Special Duty Irrigation.";