S.B. CIVIL WRIT PETITION NO.2436/2008 Sahi Ram & Ors. Vs. The Executive Engineer & Ors. Date of order : 07th August, 2008 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.S. Choudhary for Mr. G.R. Punia for the petitioner. --------- 1. Heard learned counsel for the petitioner. 2. This writ petition is directed against the order dated 1.3.2007 rejecting the application under Order 39 Rule 1 for grant of temporary injunction. The said order was upheld by the appellate Court vide order dated 17.3.2008. 3. Both the courts below have held that the Irrigation Authorities were reconstructing the water course on Stone No.453/473 in Kila No.5, 6, 15, 16 and 25 at the site in question and, therefore, there was no occasion to grant any temporary injunction in favour of the plaintiff restraining the said work by the Irrigation Authorities. 4. Learned counsel for the petitioner submits that there was no water course existing on the stone No.473 and without acquiring the land of the petitioner-plaintiff such water course cannot be reconstructed. 5. Having heard learned counsel and upon perusal of the impugned order, this Court is satisfied that both the courts below after seeing the document in question and evidence before them have prima facie found that only previously constructed water course is being reconstructed on the aforesaid site and, therefore, there was no case of injunction in favour of the plaintiff-petitioner. 6. This Court is not inclined to interfere with the impugned order rejecting the T.I. Application. 7. The writ petition is found to be devoid of merit. The same is dismissed. [ DR. VINEET KOTHARI ], J. item No.6 babulal/-