Rajasthan High Court - Jodhpur
Sandeep vs State Of Rajasthan on 5 July, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8054/2022
1. Sandeep S/o Shri Hari Ram, Aged About 28 Years, R/o
Chak 19 Ssw, Ramwara, Tehsil And District -
Hanumangarh (Raj.).
2. Brij Lal S/o Shri Birbal Ram, Aged About 63 Years, R/o
Chak 19 Ssw, Ramwara, Tehsil And District -
Hanumangarh (Raj.).
3. Shyonarayan S/o Shri Birbal Ram, Aged About 70 Years,
R/o Chak 19 Ssw, Ramwara, Tehsil And District -
Hanumangarh (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The District Collector
Hanumangarh, District Hanumangarh.
2. The Superintending Engineer, Water Resources Circle,
Bhakhra, Hanumangarh, District - Hanumangarh.
3. The Executive Engineer, Water Resources Division-Ii,
Hanumangarh, District - Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Jitendra Singh Bhaleria
For Respondent(s) : Ms. Abhilasha Bora
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/07/2022
Heard.
Brief facts of the case are that on a report/complaint filed on
behalf of the Chairman, Water Users' Association BK 64 of District
Hanumangarh, the Executive Engineer, Water Resources Division -
II, Hanumangarh (for short 'the Executive Engineer') has issued
notices to the petitioners alleging that they have illegally drawn
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water from the canal for the agricultural purposes whereas it was
supposed to be exclusively used for drinking purposes only.
The petitioners have appeared before the Executive Engineer
through advocates and the Executive Engineer after hearing
counsel for the parties concerned has passed the impugned order
dated 04.05.2022, whereby the water turn of the petitioner-
agriculturists' field has been suspended for a period of one year.
Against the impugned order dated 04.05.2022, the
petitioners have preferred an appeal before the Superintending
Engineer, Water Resources Circle, Bhakhra, Distt. Hanumangarh
(for short 'the Superintending Engineer') which came to dismissed
on 24.05.2022.
Assailing the order impugned, learned counsel for the
petitioners has submitted that the Executive Engineer has illegally
passed the order dated 04.05.2022. It is further submitted that
the Superintending Engineer without even taking into
consideration a single argument raised on behalf of the petitioners
has simply quoted the grounds mentioned in the appeal and
thereafter dismissed the same without recording any finding on
the grounds raised by the petitioners.
This Court has directed Ms. Abhilasha Bora to accept notice
on behalf of the Superintending Engineer as well as the Executive
Engineer.
Ms. Bora is not in a position to justify the order passed by
the Superintending Engineer in the appeal preferred by the
petitioners as the same is a non speaking order.
In view of the above, the impugned order dated 24.05.2022
passed by the Superintending Engineer, Water Resources Circle,
Bhakhra, District Hanumangarh is hereby set aside and the matter
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is remitted back to the Superintending Engineer with a direction to
pass a fresh speaking order on the appeal preferred by the
petitioners after providing opportunity of hearing to them within a
period of one week from the date of production of certified copy of
this order.
With these observations, this writ petition is disposed of.
Stay petition is also disposed of.
(VIJAY BISHNOI),J
83-AjaySingh/-
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