- (1.) This intra-court appeal is directed against the order dated 12.03.2018 passed by learned Single Judge of this Court, whereby the writ petition preferred by the appellant/writ-petitioner questioning the legality of the order dated 17.12.2013 issued by the Executive Engineer, Water Resources, North Division, Sri Ganganagar, discontinuing the water supply sanctioned in favour of the respondents no.4 for the purpose of fishery, has been dismissed.
(2.) The facts relevant are that the respondent no.4-Bhupendra Singh, the brother of the petitioner, applied for sanction of water supply for the purpose of 'fish breeding farm' under the provisions of Rajasthan Irrigation & Drainage Rules, 1955. By order dated 18.6.80, the water supply as applied for was sanctioned in favour of the respondent no.4 by the Executive Engineer. The respondent no.4 availed the water supply for so many years. There was a protracted litigation between the respondent no.4 and the Department of Irrigation, in respect of outstanding demand for water charges. Later, the respondent no.4 made an application to the Principal Secretary, Water Resources Department for disconnecting the water supply which was forwarded to the Superintending Engineer, Water Resources, Circle Sri Ganganagar, who in his turn forwarded the same to the Executive Engineer, Water Resources, North Division, Sri Ganganagar. Accepting the request made by the respondent no.4 as aforesaid, vide order dated 17.12.13 issued by the Executive Engineer, the water supply was ordered to be disconnected forthwith.
(3.) The appellant herein, the brother of the respondent no.4, questioned the legality of the order issued by the Executive Engineer as aforesaid by way of writ petition before this court on the ground that he was running the fishery's business with his brother, the respondent no.4 herein, who had executed an agreement to sale in his favour of the land measuring 10 bighas comprising murabba no.17 including kila no.3 of murabba no.20 where the fisheries pond was located. According to the appellant, a demand of Rs.12,01,963/- raised by the Executive Engineer towards the water charges was discharged by him and thus, the disconnection of the water supply made, without giving him an opportunity of hearing, by passing a non speaking order, is bad in law.;