Krishan Kumar vs State Of Rajasthan
2022 Latest Caselaw 3186 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13618/2019

1. Krishan Kumar S/o Shri Rawtaram, Aged About 55 Years, R/o Bhompura, Tehsil And District Hanumangarh.

2. Hetram S/o Shri Rawtaram,, Aged About 50 Years, R/o Bhompura, Tehsil And District Hanumangarh.

3. Ramesh Kumar S/o Shri Rawtaram,, Aged About 45 Years, R/o Bhompura, Tehsil And District Hanumangarh.

4. Subhash S/o Shri Rawtaram,, Aged About 42 Years, R/o Bhompura, Tehsil And District Hanumangarh.

5. Balram S/o Shri Rawtaram,, Aged About 35 Years, R/o Bhompura, Tehsil And District Hanumangarh.

----Petitioners Versus

1. State Of Rajasthan, Through The Executive Engineer, Water Resources, Tehsil Rawatsar, District Hanumangarh.

2. The Superintending Engineer, Water Resource, Circle Hanumangarh.

3. Bhagaram S/o Lixmanram Ram,, R/o Mirzawali Mer, Tehsil Tibbi, District Hanumangarh.

4. Satpal S/o Shri Khayali Ram,, R/o Mirzawali Mer, Tehsil Tibbi, District Hanumangarh.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Hamir Singh Sidhu
For Respondent(s)        :     Mr. B.S. Sandhu
                               Ms. Saloni Malpani for
                               Ms. Abhilasha Kumbhat

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment/Order

02/03/2022

The case comes up on an application for vacation of the

interim order dated 12.09.2019 but, with the consent of learned

counsel for the parties, the matter is being heard finally.

(2 of 3) [CW-13618/2019]

The present writ petition has been filed against the order

dated 04.09.2019 passed by the Superintending Engineer, Water

Resource Circle, Hanumangarh whereby, the appeal preferred by

the respondent No.4 was allowed and the matter was remanded

back to the Executive Engineer for deciding the matter afresh.

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that as per Rule

56 of the Rajasthan Irrigation and Drainage Rules, 1955, the

Superintending Engineer has to decide the appeal if the same is

preferred within a period of 30 days of the order impugned passed

by the Executive Engineer. Admittedly, in the present case, the

Executive Engineer passed the order in favour of the petitioners on

26.04.2019 for which, the appeal was preferred on 31.07.2019

along with an application for condonation of delay caused in filing

the appeal.

Learned counsel for the parties are in agreement that a bare

perusal of the order dated 04.09.2019 shows that there is no

finding or discussion about the application preferred by the

respondent No.4 for condonation of delay and straightaway, the

order has been passed on merit which is violative of Rule 56 of the

Rajasthan Irrigation and Drainage Rules, 1955 which is

reproduced as under :-

"Limitation for appeals - Except as is otherwise provided in the Act or in these rules under the Act or these rules, shall be filed within the period of 30 days from the date of the order appealed from and an appeal presented thereafter shall not be entertained."

In the circumstances, the order dated 04.09.2019 is quashed

and set aside and the matter is remanded back to the respondent

(3 of 3) [CW-13618/2019]

No.2 Superintending Engineer, Water Resource Circle,

Hanumangarh to decide the application preferred by the

respondent No.4 for condonation of delay and then pass a fresh

order on merit after giving reasonable opportunity of hearing to

both the parties.

The writ petition stands disposed of in the terms above.

(VINIT KUMAR MATHUR),J 58-/Vivek/-

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