SBSWP NO.333/2010– NATHU RAM V/S STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.22.2.2010 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.333/2010 Nathu Ram Versus State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr. J.K. Bhaiya, for the petitioner. DATE OF JUDGMENT : 22nd February, 2010. JUDGMENT 1. This writ petition is directed against the order dtd.15.12.2009 whereby the learned trial Court has rejected the application under Section 151 C.P.C. filed by the plaintiff petitioner by which the plaintiff prayed that the irrigation authorities cannot change the siphon of pipe/outlet from 6 inches to 3 inches so as to effect water supply of the petitioner. 2. The learned Court below has rejected the said application and kept the matter for final hearing on the application for temporary injunction on 8.1.2010, which is also stated to have been adjourned to next date. The learned Court below has also observed SBSWP NO.333/2010– NATHU RAM V/S STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.22.2.2010 2/2 that in view of Rule 11(1) of the Irrigation Rules of 1955, the civil suit is barred under that Rule. 3. Be that as it may, since the temporary injunction application has not been finally decided by the learned trial Court, no interference is called for in the impugned order. However, it is open to the petitioner – plaintiff to make his submissions while arguing the application for temporary injunction in the present suit. 4. With these observations, the present writ petition is disposed of. No order as to costs. A copy of this order be sent to the opposite party as well as the trial Court. (Dr.VINEET KOTHARI)J. Item No.16 Ss/-