1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1698/2007 (Gururaj Singh & Ors. Vs. State of Rajasthan & Ors.) Date of order :: 05.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Sudheer Sharma, for the petitioners. Mr.Manoj Bohra, for the respondents. Heard learned counsel for the parties. It is contended that the application filed by the respondents for transfer of land for irrigation purpose was rejected by the Executive Engineer, against which an appeal was preferred by respondents to Superintending Engineer. The Superintending Engineer vide his order dated 19th January, 2007 set aside the order passed by the Executive Engineer dated 23rd November, 2006. Learned counsel for the petitioner submits that Superintending Engineer while passing order dated 19th January, 2007 has committed an error while ignoring the technical report and other situations of 2 the present moga in the chack. Further it is submitted that finding given by the appellate court is without any basis, therefore, the order is totally non-speaking order and is passed without considering the entire evidence in right perspective. Learned counsel for the respondents vehemently argued that the said change was made by the appellate authority on the basis of Annexure-R/4/1 a technical report given by Executive Engineer. I have perused the order passed by the appellate authority. Upon perusal of the said order it is revealed that it is no where observed by the appellate authority that this order is passed on the basis of technical report. In this view of the matter, I deem it just and proper to quash the order passed by the appellate authority dated 19th January, 2007 and to remit the case to the said appellate authority for deciding the matter afresh after providing opportunity of hearing to both the parties and after considering the technical report Annexure-R/4/1. Accordingly, this writ petition is allowed. The order passed by the appellate authority is hereby 3 set aside and the Superintending Engineer – respondent No.2 is directed to decide the appeal afresh after providing opportunity of hearing to both the parties and after considering the technical report Annexure- R/4/1 within a period of two months from the date of submitting certified copy of this order. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-