Gopal Krishan Vyas, J. - (1.) BY this petition, the petitioner seeks to challenge order Annex. -1 dt. 10.02.2003 passed by Superintending Engineer, Irrigation Circle, Sriganganager whereby the learned appellate authority set aside order dt. 21.02.2002 passed by the Executive Engineer upon remand.
(2.) BRIEFLY stated facts of the case are that the petitioners have agricultural land in chak 4Z in Sriganganagar district. It so happened that upon bifurcation of the chak, part of the petitioners ' land remained in chak 4Z -I and part of the land was transferred in chak 4Z -II. The petitioners made an application for transfer of their land in chak 4Z -I to chak 4Z -II. It is submitted by learned Counsel for the petitioners that the petitioners contended before the authorities that they are not getting proper irrigation facility because the level of the land is higher and they have another land in chak 4Z -II also. Upon their application report was submitted by the concerned Jr. Engineer and S.D.O. on 05.02.1991. The said application of the petitioners was rejected vide order dt. 27.06.1996 which is on record. Against order dt. 27.06.1996 the petitioners preferred appeal before the appellate authority. The appeal was allowed with the direction issued to respondent No. 2 that after obtaining permission from the Hon 'ble Agriculture Minister the matter may be decided afresh after hearing both sides and after inspecting the site and taking a technical report thereon. This order Annex. -5 was passed by the appellate authority on 19.03.1998.
(3.) IN pursuance of the said order Annex. -5, the Executive Engineer decided the matter afresh vide order dt. 21.02.2002 in favour of the petitioners and ordered that petitioners ' land may be transferred from chak 4Z -I to chak 4Z -II. However, the private respondents appealed against the order dt. 21.02.2002 before the Superintending Engineer, Irrigation Circle, Sriganganagar on the ground that the order passed by respondent No. 3 is illegal and has been passed without taking into account the entire record and without having regard to the earlier order dt. 19.03.1998. The appeal filed by respondents No. 4 to 6 was allowed by the Superintending Engineer vide impugned order dt. 10.02.2003 (Annex. -1).;