1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.9338/2008 (Devi Lal Vs. State & Ors.) Date of order : 20.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. H.S. Sidhu, for the petitioner. Heard learned counsel for the petitioner. In this writ petition, the petitioner is challenging the order passed by the appellate authority – Superintending Engineer, who has dismissed the appeal filed by the petitioner solely on the ground that the appeal is not maintainable against the interim order. 2 The contention of learned counsel for the petitioner is that the application was filed by one Om Prakash on behalf of Purana Ram. No application can be filed by son for the purpose of sanctioning of water course. Further, it is submitted that there is no jurisdiction left with the Executive Engineer to provide irrigation facilities by way of sanctioning new water course. Learned counsel for the petitioner has invited the attention of this Court towards the judgment reported in 1986 (2) WLN 57 (Ind Raj Vs. Executive Engineer) and the judgment dated 30.8.78 passed in SB Civil Writ Petition No.153/75 (Banta Singh Vs. State of Raj. & Ors.). While citing above judgment, it is submitted that the application itself was not maintainable but the same was wrongly entertained and interim order was passed. I have perused the entire pleadings of the case and the judgments cited by learned counsel for the petitioner. Obviously, the objections raised by the petitioner are required to be raised before the authority who has passed the order. The matter is still pending before the Executive Engineer who has passed the impugned order. 3 In this view of the matter, I deem it just and proper to grant liberty to the petitioner to file an application before the respondent No.2 and raise all his objection within a period of one week from today. Upon filing the said objection, the respondent No.2 is directed to decide those objections within a period of fifteen days thereafter and at the time of deciding the proceedings, the concerned authority shall consider the above judgments. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J.