Mukh Ram vs State & Ors on 14 August, 2008

CSA - 231/2007 -Mukh Ram Vs. State of Rajasthan & Ors.    Judgment dt.14.8.08

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             S.B. CIVIL SECOND APPEAL NO.231/2007
               Mukh Ram Vs. State of Rajasthan & Ors.

Date of order                        :              14th August, 2008
                                    PRESENT

            HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Hemant Choudhary for the appellant.
Mr. Kishan Banshal for the respondents.
Mr. Arjun Singh, Dy. Government Advocate.

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1.              Heard learned counsels.

2.              The following substantial question of law arises for

consideration :-

                      Whether the courts below have erred in holding
                      that the appellant-plaintiff was not entitled to
                      water supply Khata-wise?



3.              This matter pertains to the dispute between the two

brothers about the distribution of water which is being supplied by

the Irrigation Authorities. Though both the courts below have denied

the right of the appellant to draw any water from the Naka which are

established at the field of the respondents No.4 and 5 yet since the

original authority, Executive Engineer had sanctioned this water to be

taken to the field and the appellant Mukh Ram giving it Khatawise

distribution of water but that order was reversed by the

Superintending Engineer, hence, the plaintiff appellant had to file the

present suit.

4.              In the facts and circumstances of the case and after

hearing the learned counsels, this Court is of the opinion that the
 CSA - 231/2007 -Mukh Ram Vs. State of Rajasthan & Ors.    Judgment dt.14.8.08

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matter deserves to be sent back to the Superintending Engineer,

Water Resources, Circle Hanumangarh for decision afresh after

giving an opportunity of hearing to both the parties concerned.

5.             In view of this, this appeal is allowed and the impugned

judgments of both the courts below dated 23.5.2007 and 26.4.2007

are set aside and also the order passed by the Superintending

Engineer dated 26.10.2006 is also set aside.             The Superintending

Engineer shall hear the concerned parties and pass fresh orders in

accordance with law and the parties in the first instance may appear

before the Superintending Engineer on 27th August, 2008 and the said

order may be passed within one month thereafter.



                                              [ DR. VINEET KOTHARI ], J.

item No.64
babulal/-