1 S.B.CIVIL WRIT PETITION NO.1189/2006. (Rameshwarlal Vs. State of Rajasthan & Ors.) Date of Order :: 24th July 2008 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Chaitanya Gahlot, for the petitioner. Mr. A.S.Rathore, Dy. Govt. Counsel. Mr. K.R.Saharan for the intervenor. ... BY THE COURT: This writ petition has been preferred while disputing construction of a 'kuchcha khala' passing through the land comprised in Kila Nos.2 to 5 of Murraba No.246/404 standing in the name of father of the present petitioner and situated at Chak 8 DNL, Toparia, Tehsil Nohar, District Hanumangarh. The petitioner, while stating that his father has extended a power of attorney in his favour for the purpose of this litigation has essentially submitted that if 'khala' is taken on the aforesaid land comprised in Murraba No.246/2004, it would be causing him inconvenience and injury and about one bigha of his land would go waste out of meager 5 bighas of land available. The case of the petitioner has been that he had regularly represented that 'khala' sought to be placed by the irrigation authorities for the purposes of irrigation of Kila Nos.19 to 25 of Murraba No.247/403 could be placed at Murraba No.246/403 and, according to the petitioner, one naka is already sanctioned in Kila No.10 of Murraba 2 No.246/403. The grievance has been stated that without even considering the representations made, the authorities were seeking to proceed in the matter. This writ petition was entertained on 07.04.2006 after noticing the submissions on behalf of the petitioner and, while issuing notices, status quo as then existing was ordered to be maintained. The writ petition has been put to contention by the respondents of the Department and another khatedar having land in Stone Nos. 248/404, 248/403, 249/403 and 249/404 etc. has also intervened in the matter. During the course of submissions, reference was made to the order dated 20.02.2006 wherein it was found by the Executive Engineer that the petitioner was creating obstruction in operation of the sanctioned 'khala'. A submission made by the petitioner has also been noticed in the said order that he had moved an application to the Command Area Development Department for cancellation of the sanctioned 'khala'. On being questioned about such application, if made by the petitioner, learned Government Counsel after taking instructions submitted that according to the information available with the authorities in the Irrigation Department, no such application/representation of the petitioner is pending; yet, learned Government Counsel submitted, if the petitioner has any grievance to state, the authority concerned i.e., the Executive Engineer, RWSRP, 3 IGNP, Nohar (respondent No.3) is ready to hear the petitioner on his grievance. In view of the submissions so made and looking to the subject of dispute, instead of adjudicating on the issues as sought to be raised in this writ petition, it appears appropriate to allow the petitioner to make a proper representation to the Executive Engineer concerned within a week from today who may consider the same; and may hear the petitioner and all other concerned parties including the intervenor present before this Court and then pass a speaking order thereupon. The petitioner and the said intervenor should appear before the Executive Engineer concerned on 11.08.2008 and shall stand noticed through the counsel present before this Court. The said Executive Engineer shall be expected to pass a speaking order after hearing the parties and to dispose of the matter as early as possible, preferably within a month from the date of appearance of the parties; and, until disposal of the matter by the Executive Engineer concerned, the interim order as passed in this petition, of maintaining status quo, shall remain in operation. Only to the extent indicated above, this petition succeeds and is allowed. There shall be no order as to costs. (DINESH MAHESHWARI), J. MK Mohan