1 Bachal Khan & Anr. Vs. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.6192/2007 (Jagdish Vs. State of Rajasthan & Ors.) Date of order :: 27.02.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Rakesh Matoria, for the petitioner. Mr.B.S. Sandhu, for the respondents. Heard learned counsel for the parties. By way of filing present writ petition, the petitioner is challenging the order dated 03.09.2007 whereby the respondent No.2 - Superintending Engineer, Water Resources Circle, Suratgarh District Hanumangarh, has set aside the order dated 17th July, 2007 Annexure-P3. The main contention of the respondent No.4 is that the order which is quashed by the Superintending Engineer was passed by respondent No.3 - Executive Engineer without considering the order dated 25.04.1991 whereby earlier Additional Naka was sanctioned and Superintending Engineer set aside the order dated 17th July, 2007 only on this ground that at the time of passing said order the earlier order dated 25th April, 2 Bachal Khan & Anr. Vs. State of Rajasthan & Ors. 1991 was not considered by the Executive Engineer. Without entering into the merit of the case, I deem it just and proper to quash the order dated 03rd September, 2007 and remit the case to Executive Engineer, Water Recourses Division, Rawatsar with a direction to decide the matter afresh after considering Annexure-R/1 dated 25.04.1991 whereby the additional naka was sanctioned and after providing opportunity of hearing to both the parties within a period of three weeks from the date of receipt of certified copy of the order. Till then, the stay order granted by this Court shall remain in force. The writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-