1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.234/2009
(Gurdayal Singh Vs. State & Ors.)
Date of order : 06.02.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. N.L. Joshi, for the petitioner.
Heard learned counsel for the petitioner.
The petitioner is challenging the order
Annexure-4 dated 10.12.2008 passed by Superintending
Engineer, Irrigation Circle, Sri Vijaynagar, District
Sri Ganganagar and the order dated 9.4.2007 Annexure-3
passed by Executive Engineer, Irrigation Division-II,
Gharsana, District Sri Ganganagar whereby the
Executive Engineer has passed an order for execution
of the order dated 28.5.1982, which was already
sanctioned by the Department for water supply, so
also, the order of the Superintending Engineer
Annexure-4 dated 10.12.2008 upholding the order passed
by the Executive Engineer for execution of the order
passed by the Government on 28.5.1982.
Learned counsel for the petitioner submits
2
that as per Rule 29 (2) of the Irrigation & Drainage
Act, 1954, no water course can remain in operation
which has been disused for three years.
In my opinion, nobody is claiming execution
of the order but the authority concerned has passed an
order for execution of the order. Therefore, it is
case of execution of the order, which is to be
executed for proper water supply of the area. Hence,
the findings given by both the authorities below do
not require any interference by this Court under
Article 226 and 227 of the Constitution of India.
Hence, petition is dismissed.
(GOPAL KRISHAN VYAS), J.
arun