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Judgment
This writ petition has been filed by the petitioner with the following prayers:
"i. That the impugned order dated 24.11.2014 i.e. Annexure-10 passed the Superintending Engineer Water Resources Circle, Hanumangarh and impugned order dated 25.04.2014 i.e. Annexure-9 passed by the Executive Engineer Water Resources Division, Hanumangarh may kindly be qhashed.
ii. That the respondents may be directed to follow the procedure prescribed under the Act of 1954 for transfer of land and Water Course before proceedings to confirming the making of new water course on the land of the petitioner i.e. Murba No. 30/218 of Chak No.10 TKW.
iii. That the respondents may be directed to remove the new water course established by the respondents in pursuance to the compliance of the order dated 24.11.2014 Annexure-10 passed by the Superintending Engineer Water Resources Circle, Hanumangarh."
Brief facts of the case are that on an earlier occasion, the petitioner filed S.B. Civil Writ Petition No. 10235/2011 which was decided on 02.04.2013 by a Co-ordinate Bench of this Court with the following direction:
"In view of the discussion made above, this petition for writ deserves acceptance. Accordingly, the same is allowed. The order dated 15.09.2011 passed by the Executive Engineer, Water Resources Division-I, Hanumangarh is quashed. The Executive Engineer, Water Resources Division-I, Hanumangarh is directed to act upon the order dated 10.12.2010 passed by the Superintending Engineer (Divisional Irrigation Officer, Water Resources Circle, Hanumangarh expeditiously as far as possible within a period of three months from today."
In compliance of the order passed by this Court on 02.04.2013, the Executive Engineer, Water Resources Division-I, Hanumangarh (Raj.) considered the application filed by the petitioner with regard to sanction of water course in Muraba No.30/218 Kila No. 1 to 5. The Executive Engineer, Water Resources, Division-I, Hanumangarh (Raj.) vide its order dated 25.04.2014 dismissed the application filed by the petitioner and sanctioned the new water course in Muraba No.30/218 Kila No.1 to 5 of Village Chak 10 TKW in favour of the private respondents for providing irrigation facilities to their fields situated in Muraba No.31/218.
Being aggrieved by the order passed by the Executive Engineer, Water Resources Division-I, Hanumangarh (Raj.) dated 25.04.2014, the petitioner preferred an appeal before the Superintendent Engineer, Water Resources Circle, District Hanumangarh (Raj.) and the Appellate Authority vide order dated 24.11.2014 dismissed the appeal filed by the petitioner. Hence, the present writ petition has been filed by the petitioner against the order passed by both the authorities below.
Counsel for the petitioner submitted that Executive Engineer as well as Appellate Authority wrongly sanctioned the new water course in favour of the private respondent as the land in dispute where the new water course has been sanctioned belongs to the petitioner. Counsel further submits that no consent was obtained from the villagers of Chak No.10 TKW. Counsel for the petitioner thus prayed for quashing of the order passed by the authorities below.
Counsel for the respondents supported the order passed by the authorities below. Counsel further submits that Executive Engineer while sanctioning the new water course has considered this fact that in Muraba No.30/218 of Kila No.1 to 5 the old water course is recorded in the revenue record thereby no illegality has been committed by the Executive Engineer. Counsel further submits that the petitioner has failed to show any prejudice caused to him by sanctioning the new water course as the land in dispute recorded as government land for water course in the revenue record. Counsel for the respondents prayed for dismissal of the writ petition.
Heard counsel for the parties and perused the record.
The writ petition filed by the petitioner deserves to be dismissed for the reasons:
Firstly, the authorities below have recorded the finding of fact in favour of the respondents while passing the order impugned. Therefore, I am not inclined to interfere in the same under Article 226 & 227 of the Constitution of India.
Secondly, the land in dispute i.e. of Muraba No. 30/218 Kila No. 1 to 5 where the new water course has been sanctioned is already recorded as the land for water course in the revenue record. Therefore, no lose has been caused to the petitioner.
Thirdly, the petitioner has failed to show this Court whether there is any reduction of water supply to his fields by sanctioning of this water course.
In that view of the matter, the writ petition filed by the petitioner stands dismissed.