1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. C.W. Pet. No. 2429/1998 Malkiat Singh & Ors. Versus State & Ors. Date of order : 22.2.2010 HON'BLE MR.JUSTICE A.M.SAPRE Mr. Rajeev Purohit, for the petitioner. Mr. N.L.Joshi and Mr. L.K.Purohit, for the respondents. <><><> By filing this writ petition under Article 226/227 of the Constitution of India the writ petitioner seeks to challenge the appellate order dt. 23.6.1998 passed by the Superintending Engineer, Irrigation Circle, Sriganganagar (Annexure-2) in Appeal No. 159/97 which in turn arises out of an order dt. 29.10.97 passed by Executive Engineer bearing No. 12456 (Annexure-1). 2. The only grievance made by the learned counsel appearing for the petitioner while assailing the legality and propriety of the appellate order dt. 23.6.1998 which has remanded the case to the Executive Engineer for re-examining the matter after doing spot inspection of the land in question was that it has not given any reasons in support of its conclusion. 3. In my opinion, the impugned order is essentially a remand order giving direction to Executive Engineer to hold spot 2 inspection and then pass appropriate orders in accordance with law keeping in view the facts and material on record. In my opinion, a remand order really does not decide the rights of the parties. Rather it keeps open all issues awaiting some more facts in the case. Once entire material is brought on record, then decision is required to be taken depending upon facts of each case by an authority concern. That apart it can not be held that impugned order is unreasoned. It has reasons. 4. In view of the aforesaid discussion, I do not wish to interfere in the impugned remand order at this stage and accordingly direct the Executive Engineer to ensure compliance of the impugned order dt. 23.5.1998 and hold inspection as directed therein of the land in question and then pass reasoned order strictly in accordance with law and on the basis of materail on record uninfluenced by any extraneous consideration justifying his conclusions after affording opportunity to the parties concerned. In case if the decision goes against the appellant then in such eventuality, all the objections that he has raised in this writ petition against the impugned order shall also be allowed to be raised by him before the appellate authority and later in the writ petition if occasion so arises. In other words, all the objections available to the petitioner are kept open at this stage for being adjudicated at an appropriate stage as and when occasion arises. Since the matter is pending long, I direct the Executive Engineer, Gangnahar Uttar Khand, Sriganganagar to decide the matter within a period of three months from the date of parties appearance before him. Parties to appear on 22.3.2010 before him. A copy of this order be also forwarded by the Registry to the concerned authorities so that order is passed as directed. 3 Accordingly and in view of foregoing discussion, I do not find any merit in the writ. It is dismissed. No cost. (A.M.SAPRE ),J. /Sushil/