P.P. Naolekar, J. - (1.) Lands in Chaks No. 10 SHPD, 11 SHPD, 14 SHPD & 15 SHPD are irrigated through Indira Gandhi canal. The petitioners are the agriculturists of some of the lands falling in these chaks. Chak No. 11 SGM is adjacent to the aforesaid chaks and was irrigated through Bhakra canal. By order dated 13-10-95, the Chief Engineer, Irrigation (North), Hanumangarh, directions were issued that some of the Khasras of Chak No. 11 SGM shall be irrigated through the Indira Gandhi canal instead of Bhakra canal. The petitioners are aggrieved by this order as according to them, the order has been passed on extraneous considerations at the behest of respondent No. 6, who is the Irrigation Minister of Government of Rajasthan. The Irrigation Ministers son Shri Mahendra Singh Bhati was a candidate for Lok Sabha Parliamentary constituency which included the area of Chak No. 11 SGM (Sardargarh). The residents of Chak No. 11 SGM were not willing to vote for Shri Mahendra Singh Bhati and, therefore, Shri Devi Singh Bhati promised them to get Sardargarh area transferred from Bhakra canal area to Indira Gandhi canal area provided they agreed to vote for Shri Mahendra Singh Bhati and in order to fulfil the promise made by respondent No. 6 for the purpose of election of his son, the order dated 13-10-95 was issued by the Chief Engineer. The order is not in conformity with rule 11(2) and (3) of the Rajasthan Irrigation and Drainage Rules, 1955 (for short the Rules hereinafter).
(2.) According to the respondents, the order has been passed not with extraneous consideration but after thorough spot investigation by the officials of the Irrigation Department. The cultivators of 11 SGM submitted a representation before the Irrigation Minister, Government of Rajasthan, on 11-6-95 that their agricultural lands are situated in 11 SGM on the tail of Sardargarh Minor and they could not be properly irrigated through the Bhakra channel and, therefore, the land situated in 11 SGM may be transferred to 15 SHPD of Indira Gandhi Nahar System for irrigation purpose. The Irrigation Minister sent the original representation to the Chief Engineer, Irrigation (North) Hanumangarh with the remark that he should send his comments immediately after the inspection of the site in question. The Chief Engineer forwarded the original representation to the officials of the lower ladder and the Executive Engineer, Irrigation, division Suratgarh had submitted a detailed report and his comments vide his letter dated 14-7-95 after getting the report and comments of the Assistant Engineer. Irrigation, Sub-Division Suratgarh and Ziledar, R. D. 196 Suratgarh. The report and the comments are to the effect that Chak No. 11 SGM is immediately adjacent to Chak No. 15 SHPD and the water of Sardargah Minor does not reach at its tail and the agricultural lands of Chak No. 11 SGM are not being irrigated by Sardargarh Minor and, therefore, it would be proper that the agricultural lands situated in Chak No. 11 SGM be transferred to 15 SHPD of Indira Gandhi Nahar System for irrigation purpose. The report also took into consideration the full supply level of 15 SHPD and 11 SGM. The Superintending Engineer, Irrigation Circle, Hanumangarh, has also recommended the matter to the Chief Engineer, Irrigation, Hanumangarh and the Chief Engineer, Irrigation, (North), Hanumangarh Junction forwarded his recommendation to the Secretary, Irrigation, Rajasthan, Jaipur, to transfer the agricultural lands of Chak No. 11 SGM to Chak No. 15 SHPD. The Officer on Special Duty, Irrigation Department, Government of Rajasthan, Jaipur, passed the order dated 13-9-95 transferring the agricultural lands of Chak No. 11 SGM to Chak No. 15 SHPD from Bhakra Canal System to Indira Gandhi Nahar System for irrigation purpose and the Chief Engineer, Irrigation (North), Hanumangarh Junction was authorised to implement the said transfer effectively and efficiently. A copy of the order v/as endorsed to the Minister for Irrigation and in compliance of the order dated 13-9-95 passed by the Officer on Special Duty, Irrigation, Government of Rajasthan, Jaipur, and in order to implement the said order, the Chief Engineer, Irrigation (North), Hanumangarh, has accorded sanction to transfer some of the agricultural lands of Chak No. 11 SGM to Chak No. 15 SHPD.
(3.) On perusal of the documents attached with the return and the submissions made in the return it is clear that the order has been passed after thorough investigation on the spot as to the availability of water for irrigation purposes and the irrigation facilities existing for the welfare of the agriculturists. It cannot be said that the change has been effected on extraneous consideration on the order being issued by the Irrigation Minister. When the representation has been made to the Irrigation Minister, he has rightly exercised his discretion in sending the representation for thorough investigation and expert opinion as the agriculturists have raised the grievance that their fields are not being properly irrigated through the system prevailing when the order has been issued for change on the basis of the reports submitted by the engineers, who are experts in the field, it cannot be said to have been issued at the behest of the Irrigation Minister. There is no substance in the submission made by the petitioners that the order impugned is the result of the directions issued by the Irrigation Minister with the ulterior motive of election of his son.;