1 DB Civil Special Appeal (Writ) No.634/2008 Prem Singh & Ors. vs. State of Rajasthan & Ors. D.B. Civil Special Appeal (Writ) No.634/2008 Prem Singh and ors. vs. State of Rajasthan and ors. Date : 15.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. Mr.GJ Gupta, for the petitioners/appellants. - - - - - Heard learned counsel for the petitioners/ appellants. In the suit filed by the petitioners/appellants, a decree was passed by the trial court i.e. Court of Assistant Collector, Sri Ganganagar. The irrigation authorities, following the directions given in the said decree, opened the water course. According to learned counsel for the petitioners, the decree which was passed in the suit filed by the petitioners, is under challenge before the appellate authority. The learned Single Judge refused to interfere in the order passed by the irrigation authorities vide order dated 22.5.2007 and observed that the impugned order has been passed in accordance with the judgment 2 DB Civil Special Appeal (Writ) No.634/2008 Prem Singh & Ors. vs. State of Rajasthan & Ors. and decree of learned S.D.O. (Annex.4), which was passed in the suit filed by the petitioners and that suit was inter parties. According to the learned counsel for the petitioners, the irrigation authorities had no jurisdiction to pass the order on the basis of the decree passed by the S.D.O. and they should have taken an independent decision under the Irrigation and Drainage Act. It is true that the authorities are required to act under the Act framed for providing the irrigation facilities but when there is a decree between the parties and when it is interse, then the irrigation authorities are supposed to give effect to the directions given by the court of law and in case, the party is aggrieved by the order of court of law, then proper remedy is to challenge such judgment and decree or order in judicial side and the executive authorities or the irrigation authorities have no jurisdiction to decide themselves whether the judgment and decree passed by the court is legal and valid or not. Therefore, in these circumstances, the proper remedy for the petitioners is to obtain proper order from the court in judicial side where the appeal against the 3 DB Civil Special Appeal (Writ) No.634/2008 Prem Singh & Ors. vs. State of Rajasthan & Ors. judgment and decree of the S.D.O. (Assistant Collector), Sri Ganganagar is pending. In view of the above, we do not find any merit in this appeal. Consequently, this appeal is hereby dismissed. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya