CW–356/2005 Sahi Ram & Anr.Vs.The State of Rajasthan & Ors. : Order dt.5.5.08 1/2 S.B. CIVIL WRIT PETITION NO.356/2005 Sahi Ram & Anr. Vs. The State of Rajasthan & Ors. Date of order : 5th May, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. G.R. Punia for the petitioner. Mr. Yogesh Sharma for the respondents. Mr. Arjun Singh, Dy. Government Counsel. --------- 1. Heard learned counsels. 2. This writ petition is directed against the order of the Superintending Engineer, Irrigation Department dated 24.12.2004 (Annex.8) whereby the learned Superintending Engineer upheld the order of the Executive Engineer dated 27.8.2003 Annex.3. The learned Superintending Engineer, Irrigation has held that as per the earlier report of Assistant Engineer Naka outlet of water course on KM 5.550 was mentioned in the report on account of typing error and in fact Naka was intended to be shifted from 5.200 Km to 5.800 km and instead of KM 5.200 in the said report KM 5.550 was printed. However, the learned Superintending Engineer upheld the opening of new outlet at KM 5.800 which was neither at point KM 5.750 nor at 5.550. 3. Though the learned Superintending Engineer has given separate reasons also for justifying the outlet of water course at KM 5.800 that it will serve tail end land owners better and the length of 'Khala' would also get reduced by 2500 feet, yet this Court is of the CW–356/2005 Sahi Ram & Anr.Vs.The State of Rajasthan & Ors. : Order dt.5.5.08 2/2 opinion that the premises taken by the learned Superintending Engineer that since in the report KM 5.750 was intended to be stated but on account of typing error KM 5.550 is printed in report but new outlet was sanctioned at km 5.800 which is different site than the one mentioned in report of Assistant Engineer, therefore, it appears to this Court that the learned authority did not properly apply his mind to the objections raised by the parties involved in the matter and, therefore, this Court is of the opinion that the matter deserves to be remanded back to the learned Superintending Engineer, Ravatsar, IGNP, Bikaner. 4. Accordingly, this writ petition is disposed of and the learned Superintending Engineer, I.G.N.P., Bikenr is directed to hear the petitioner as well as the private respondents and other concerned parties, if they want to be heard in the matter and pass appropriate fresh orders in accordance with law uninfluenced by previous orders or even order passed by this Court. 5. The parties may appear before the said authority in the first instance on 27th May, 2008 and thereafter it is expected that the said authority will pass appropriate orders within one month thereafter. [ DR. VINEET KOTHARI ], J. item No.54 babulal/-