RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 1 RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) Dated:- 15.4.2009. HON'BLE MR.JUSTICE SANGEET LODHA Mr. V.K.Agarwal, for the petitioner. Mr. L.K.Purohit, Additional Government Counsel, for the State- respondents. 1. This writ petition is directed against order dated 7.4.04 passed by the Superintending Engineer, Irrigation Circle, Sri Ganganagar, whereby an appeal preferred by the respondent nos. 4 to 6 against the order dated 22.10.03 passed by the Executive Engineer North Division, Sri Ganganagar has been allowed and accordingly, the water turn in Chak No. 18 GG and 19 GG -I as it was existing prior to passing of the aforesaid order dated 22.10.03 stands restored. 2. The petitioner is having khatedari land in Chak No. 18 GG, 19 GG-I and 30 HH, Tehsil and District Sri Ganganagar. It is alleged that for both the chaks i.e. 18 GG and 19 GG-I, the irrigation turn was starting from Monday but on account of undue influence exercised by the respondent no. 4 it was changed to Thursday vide order dated 15.5.92 passed by the Executive Engineer , Gang Canal (North) and the same was confirmed by Superintending Engineer. The cultivators of these chaks who were effected adversely and were put into a disadvantages RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 2 position requested the respondent no. 3 to fix the irrigation turn from Monday instead of Thursday. However, the representation made was rejected by the respondent no. 3 on the ground that the earlier order passed fixing the water turn has already been confirmed by the superior authority i.e. the respondent no.2. An appeal preferred by the aggrieved persons before the Superintending Engineer was also rejected vide order dated 16.3.2001 on the ground that an order passed fixing the turn was not appealed against and the same has attained finality therefore, the same cannot be reviewed . 3. Aggrieved by the aforesaid order dated 16.3.01 , the petitioner herein and others preferred a writ petition being No. 4315/01 before this court which was disposed vide order dated 9.11.01 with the direction to the Superintending Engineer to reconsider the whole case in accordance with law and pass the appropriate order. 4. Aggrieved by the order dated 9.11.01 passed by the learned Single Judge, the respondent no. 4 herein preferred an intra court appeal which was also dismissed by a Bench of this court vide order dated 1.8.02 with the direction that the application preferred by the petitioner herein and others shall be considered by the competent authority in accordance with law within a period of six weeks from the date of the order. RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 3 5. Thereafter, in compliance of the directions issued by this court, vide communication dated 11.9.02 , the Superintending Engineer, Irrigation Circle, Sri Ganganagar directed the Executive Engineer, Irrigation Circle, Sri Ganganagar to decide the application preferred by the petitioner expeditiously. After due consideration of the rival submissions made by the parties , the Executive Engineer , Gang Canal (North Division), Sri Ganganagar vide order dated 24.10.02 directed that in Chak 19 GG, the irrigation turn shall commence from Tuesday at 6 a.m. 6. Aggrieved by the aforesaid order dated 24.10.02 ,the appeals were preferred by the aggrieved persons including the petitioner before the Superintending Engineer , Irrigation Circle, Sri Ganganagar. After due consideration vide order dated 28.5.03 passed by the Appellate Authority in Appeal No. 87/02 preferred by Prithvi Singh and others wherein inter alia the petitioner was party respondent, the matter was again remanded to the Executive Engineer to consider the entire matter afresh and decide the same by passing a speaking order. 7. After the remand, the Divisional Irrigation Officer, Gang Canal, (North Zone), Sri Ganganagar vide order dated 16.10.03 directed that the water turn in Chak No. 19 GG shall start from Monday 18 hrs. instead of Tuesday 6 hrs. ordered earlier. Aggrieved by the aforesaid order dated 16.10.03, the respondent RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 4 no. 4 to herein preferred an appeal before the Superintending Engineer, Irrigation Circle, Sri Ganganagar which stands allowed vide order dated 7.4.04 which is impugned in this writ petition. By the said order the irrigation water turn in Chak no. 19 GG-I commencing from Thursday has been restored. Hence this petition. 8. It is contended by the learned counsel for the petitioner that the no cogent reasons have been assigned by the Appellate Authority while setting aside the order under appeal passed by the Executive Engineer keeping in view the interest of all the cultivators . The learned counsel submitted that the order passed by the Appellate Authority is contrary to the correct factual position on record. The learned counsel submitted that the the observations of the Appellate Authority that it has not been explained as to what inconvenience the petitioner and his likes are facing on account of the existing water turn in force since 1992 which starts from Thursday. The learned counsel submitted that the Appellate Authority has recorded no reasons for reversing the finding arrived at by the original authority i.e. the Executive Engineer, Gang Canal (North Zone), Sri Ganganagar therefore, the order impugned deserves to be quashed and set aside for this reason alone. 9. Per contra, the learned counsel appearing for the RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 5 respondent no. 4 to 6 submitted that the order impugned passed by the Appellate Authority after giving opportunity of hearing to all the person concerned does not suffer from any infirmity or illegality warranting interference by this court in extra ordinary jurisdiction of this Court under Article 226/227 of the Constitution of India. The learned counsel submitted that it is true that ordinarily as per the policy decision, the water turn of the chak should start by Monday or nearest day of 15th October or 15th April but for providing the better water facility and to meet out the inconvenience of the agriculturist the water turn may be started from any other day. The learned counsel submitted that the existing water turn is in force till 1992 and there is nothing on record to show that any inconvenience is caused on that account therefore, considering this aspect of the matter, the Appellate Authority has rightly set aside the order passed by the Executive Engineer whereby the existing water turn was modified and it was ordered to be commenced from Monday instead of Thursday. It is submitted by the learned counsel that the matter with regard to fixing of the water turn has to be decided by the competent authority and the same does not require any interference by this court. 10. I have considered the rival submissions and perused the record. RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 6 11. A perusal of the order impugned passed by the Appellate Authority goes to show that the order passed by the Executive Engineer has been set aside solely influenced by the fact that the existing water turn commencing from Thursday is in force since the year 1992. It is to be noticed that while passing the order changing the irrigation turn in Chak No. 19 GG-I from Thursday to Monday, the Executive Engineer has considered the rival submissions and arrived at the categorical finding that lest no cultivator be subjected to inconvenience and the cultivators of both the chak are saved from unnecessary litigation, it is appropriate to change the water turn. A perusal of the order passed by the Appellate Authority reveals that it has recorded merely its ipse dixit and has assigned no reasons to reverse the finding arrived at by the original authority. In considered opinion of this court, the order impugned passed by the Appellate Authority is not a speaking order and deserves to be quashed and set aside for this reason alone. 12. For the aforementioned reasons, the writ petition succeeds, it is hereby allowed. The order passed by the Appellate Authority dated 7.4.04 is quashed and set aside. The matter is remanded to the Superintending Engineer, Irrigation Circle, Sri Ganganagar for decision of the appeal afresh by passing a speaking order after hearing both the parties and other affected RAMLAL VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO. 3055/04) 7 persons. The parties shall appear before the Appellate Authority on 15th May,09. The Appellate Authority shall decide the appeal as aforesaid within a period of two months thereafter. No order as to costs. (SANGEET LODHA),J. aditya