1 H/11 S.B. CIVIL WRIT PETITION NO.1151/1998. Sheo Karan Vs. State & Anr. Date of Order :: 21st April 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. H.S. Sandhu, for the petitioner. Mr. L.K. Purohit, GC ] Mr. Sudhir Sharma ], for the respondents. .... BY THE COURT: This writ petition has been filed seeking to question the order dated 27.03.1998 as issued by the Superintending Engineer, Irrigation Circle, Hanumangarh Junction in relation to proportional distributor at R.D. 38800 of Chak 11 LLG and 10 LLG whereby the learned Superintending Engineer proceeded to reiterate his order dated 18.01.1997 that had been issued to the Executive Engineer in approval of his proposal dated 14.01.1997 However, learned counsel for the parties are ad idem that since after filing of this writ petition, pucca canal has been laid up to the tail of Chak 11 LLG and new outlets have also been placed; and there being substantial change in the situation at site, no further adjudication on the factual aspects related with the impugned order is requisite in the present 2 case. It is, however, submitted on behalf of the petitioner that the order as passed by the Superintending Engineer had been wholly without jurisdiction as the power of shifting of outlet is with the Divisional Irrigation Officer and not with the Superintending Engineer as held by this Court in the case of Bagga Ram Vs. State of Rajasthan : AIR 1980 Rajasthan 31. Having regard to the circumstances of the case and the submissions made, without going into other aspects of the matters, it appears appropriate that the order dated 27.03.1998, that is said to have lost its efficacy for changed circumstances, be annulled while leaving it open otherwise for the parties to take resort to appropriate remedies in accordance with law, if any occasion would arise therefor. This writ petition is allowed only to the extent, and with the observations, indicated above. No costs. (DINESH MAHESHWARI), J. /Mohan/