Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioners are aggrieved against the order passed by the Executive Engineer, Irrigation, Suratgarh Division, Sri Vijaynagar dt. 07.06.1996 on the ground that the Executive Engineer was under obligation to pass appropriate order under the provisions of Rajasthan Irrigation and Drainage Rules, 1955 (for short 'the Rules of 1955') but in this case, the Executive Engineer has only followed the directions issued by the Irrigation Minister which is apparent from the order dt. 07.06.1996. The petitioners also submitted their objections Annex.1 against the proposal of Executive Engineer for which the Executive Engineer issued notice Annex.2 dt. 20.01.1996. Without deciding the petitioners any objections and without obtaining the technical report, the Executive Engineer opened the outlet vide order dt. 07.06.1996 at the instance of the Irrigation Minister. In view of the above, according to learned Counsel for the petitioners, the decision is not of the Executive Engineer himself.
(3.) LEARNED Counsel for the petitioners relied upon the judgment of this Court delivered in the case of Jarnail Singh v. The Superintending Engineer and Anr. reported in, 2001(3) WLC (Raj) 117 wherein the Division Bench held that the order of allowing or rejecting the application for shifting of outlet can be passed by the District Irrigation Officer and not by the Superintending Engineer.;