CSA - 231/2007 -Mukh Ram Vs. State of Rajasthan & Ors. Judgment dt.14.8.08 1/2 S.B. CIVIL SECOND APPEAL NO.231/2007 Mukh Ram Vs. State of Rajasthan & Ors. Date of order : 14th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Hemant Choudhary for the appellant. Mr. Kishan Banshal for the respondents. Mr. Arjun Singh, Dy. Government Advocate. --------- 1. Heard learned counsels. 2. The following substantial question of law arises for consideration :- Whether the courts below have erred in holding that the appellant-plaintiff was not entitled to water supply Khata-wise? 3. This matter pertains to the dispute between the two brothers about the distribution of water which is being supplied by the Irrigation Authorities. Though both the courts below have denied the right of the appellant to draw any water from the Naka which are established at the field of the respondents No.4 and 5 yet since the original authority, Executive Engineer had sanctioned this water to be taken to the field and the appellant Mukh Ram giving it Khatawise distribution of water but that order was reversed by the Superintending Engineer, hence, the plaintiff appellant had to file the present suit. 4. In the facts and circumstances of the case and after hearing the learned counsels, this Court is of the opinion that the CSA - 231/2007 -Mukh Ram Vs. State of Rajasthan & Ors. Judgment dt.14.8.08 2/2 matter deserves to be sent back to the Superintending Engineer, Water Resources, Circle Hanumangarh for decision afresh after giving an opportunity of hearing to both the parties concerned. 5. In view of this, this appeal is allowed and the impugned judgments of both the courts below dated 23.5.2007 and 26.4.2007 are set aside and also the order passed by the Superintending Engineer dated 26.10.2006 is also set aside. The Superintending Engineer shall hear the concerned parties and pass fresh orders in accordance with law and the parties in the first instance may appear before the Superintending Engineer on 27th August, 2008 and the said order may be passed within one month thereafter. [ DR. VINEET KOTHARI ], J. item No.64 babulal/-