1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CIVIL WRIT PETITION NO. 3160/2008 (Lalchand Vs. State of Rajasthan & Ors.) Date of order : 19.05.2008 P R E S E N T HON'BLE MR.JUSTICE H.R.PANWAR Mr. Pankaj Sharma for the petitioner. By the instant writ petition, order dated 17.4.2008 Annex.8 passed by Superintending Engineer, Suratgarh Water Resources, Circle- Hanumangarh has been challenged. Heard learned counsel for the petitioner. Carefully gone through the order impugned. It appears that the matter came up before the concerned authorities for construction of additional Naka. The additional Naka was said to have been sanctioned in favour of the petitioner and others, that came to be challenged by one Rampratap and Padmaram by way of an appeal being Appeal No.11/08 before the respondent Superintending Engineer, Water Resources, Circle-Hanumangarh. The Superintending Engineer 2 noticing that there is no evidence of sanction of additional Naka, remanded the matter to the Executive Engineer, Rawatsar with a direction to conduct a detailed inquiry technically and pass a fresh order on the basis of such inquiry. In my view, the order impugned cannot be said to have suffered from any error. The matter has been remanded to the concerned authority to pass a fresh order after conducting a detailed inquiry technically and the authorities are expert in the field and therefore, in view of the decision of Division Bench of this Court in Jarnel Singh and Anr. Vs. State of Rajasthan & Ors. 1992 (1) R.L.R. 264 wherein considering the scope of interference under Article 226 in matters requiring specialised knowledge about functioning of irrigation system, held that the opinion of experts in the field is to be ordinarily accepted to be correct in the absence of any allegation of mala fide, no case for interference is made out. The writ petition is therefore, dismissed. However, the respondent Executive Engineer is directed to conclude the inquiry as directed by Superintending Engineer utmost expeditiously and pass a fresh order as directed. No costs. (H.R.PANWAR), J. rp 3 S.B.CIVIL MISC. STAY PETITION NO. 5773/08 IN S.B.CIVIL WRIT PETITION NO. 3160/2008 Date of order : 19.05.2008 P R E S E N T HON'BLE MR.JUSTICE H.R.PANWAR Mr. Pankaj Sharma for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp