1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.591/2008 (Smt. Girdawari Vs. State & Ors.) Date of order : 25.01.2008 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. It is contended by the learned counsel for the petitioner that vide Annexure-P-10, the Superintending Engineer after going through the survey report as well as other reported submitted by the Executive Engineer ordered to supply water supply to the petitioner for her un-command land and her three bighas of land was also declared command. The said order was conditional subject to depositing the difference of amount as the uncommand land was declared command. It is further submitted by petitioner in the writ petition that the above procedure has been provided under Rule 17 (4) of the Rules of 1975. Hence, the Superintending Engineer 2 after following the said rule passed an order on 14.5.2007 in favour of the petitioner. Thereafter without assigning any reasons so also without any jurisdiction passed an order 23.10.2007 (Annexure-P- 16) whereby he has cancelled the earlier order dated 14.5.2007 Annexure-P-10. The main contention of the learned counsel for the petitioner is that this order has been passed without and notice or providing hearing to her, therefore, order impugned is against the principles of natural justice. I have perused the impugned order. From a perusal of the impugned order, it is clear that no notice or opportunity of hearing was provided to the petitioner before passing the order dated 23.10.2007. Therefore, I deem it just and proper to quash the order dated 23.10.2007 Annexure-P- 16 and to direct the Superintending Engineer that after issuing notice to the petitioner, he shall pass fresh order in accordance with law. Ordered accordingly. The Superintending Engineer is directed to decide this matter afresh within a period of three weeks from the date of receipt of certified copy of 3 this order. With the above directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun