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Judgment
This appeal is preferred to challenge the order dated
22nd of Nov., 2016 passed by learned Single Bench in a batch
of writ petitions challenging the proposed action of the
respondents in endeavoring to alter the existing outlet
adjacent to agriculture field of the appellant-petitioners.
The case of the petitioners before learned Single Bench
was that as per Rule 11(2) of the Rajasthan Irrigation and
Drainage Rules, 1955, no change of whatsoever nature with
mogas/outlets could have been made without having approval
from the State Government. Learned Single Bench while
accepting the writ petition quashed the impugned orders of
the modification and further restrained the respondents from
altering existing mogas/outlets without following the
procedure given under Rule 11(2) of the Rules of 1955. While
doing so, a liberty is given to the Department of Irrigation to
approach the competent authority of the State Government
for issuing sanction to make suitable changes at the disputed
location as per requirements of modernization and then to
proceed further. It is submitted on behalf of the appellant-
petitioners that learned Single Bench though has given an
opportunity to the Department of Irrigation to approach the
State Government to issue sanction for making suitable
changes at the disputed locations as per the requirements of
modernization, but no opportunity is provided to the
petitioners to place their version before the State Government
Having considered the arguments advanced, we are of
the opinion that learned Single Bench set aside the order of
modification being in violation of Rule 11(2) of the Rules of
1955 and directed the Irrigation Department to approach the
State Government just with a view to explain the existing
circumstances. The direction given by learned Single Bench
nowhere restrains the appellants from submitting their view
to the State Government, as such, the appellant-petitioners
are certainly at liberty to submit a representation to the State
Government with their version of facts pertaining to the issue
concerned.