SBCWP NO.5809/2006 –CHAINA RAM AND ORS. . V/S THE STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.12.5.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.5809/2006 Chaina Ram and ors. versus The State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.R.S.Chaudhary, for the petitioner. Mr.Arjun Singh Rathore, for respondents DATE OF JUDGMENT : 12th May, 2008. JUDGMENT 1. Heard the learned counsels for the parties. 2. The only grievance raised in the present writ petition is change of outlet from 27 RD to 31 RD. The learned counsel for the petitioner submits that the said outlet was changed without inviting objection SBCWP NO.5809/2006 –CHAINA RAM AND ORS. . V/S THE STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.12.5.2008 2/3 and given an opportunity of hearing to the affected parties including the petitioners. 3. This submission is controverted by the learned counsel for the respondents and he submits that only Kachcha Nala which was made at the site in question was regularized by making Pucca Nala, therefore, the outlet could be changed in the course of such construction. However, since the grievance raised in the present writ petition is that same was done without giving an opportunity of hearing to the petitioners , it is considered expedient to dispose of the present writ petition by directing the concerned Superintending Engineer, Command Area Development, Division Circle Nachna, IGNP, Bikaner- respondent nO.3 to provide an opportunity of hearing and pass a fresh order in accordance with law. In this regard, the petitioner may appear before the said authority in the first instance on 27.5.2008 and it is expected that the said authority would pass appropriate orders in accordance with law giving an opportunity of hearing to the petitioners. SBCWP NO.5809/2006 –CHAINA RAM AND ORS. . V/S THE STATE OF RAJASTHAN AND ORS. : JUDGMENT DTD.12.5.2008 3/3 4. With the aforesaid directions, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.45 Ss/-