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BHANWAR LAL & ORS. v STATE & ORS. - CW Case No. 2125 of 2007  RD-RJ 5338 (6 November 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CIVIL WRIT No. 2125 of 2007
BHANWAR LAL & ORS.
STATE & ORS.
Mr. JS BHALERIA for Mr. HS SIDHU, for the appellant / petitioner
Mr. G R GOYAL, for the respondent
Date of Order : 6.11.2007
HON'BLE SHRI N P GUPTA,J.
The matter comes up on the application under
Article 226(3) filed on behalf of the newly added respondents.
It is contended by the learned counsel for the petitioner that application under Article 226(3) on behalf of these persons is not maintainable.
From perusal of the order sheets of this writ petition it transpires that a very short question is involved in the writ petition being that the Superintending
Engineer passed the order Annexure-2 without hearing the petitioners, and that against this order there was stay by the Irrigation Minister, and that stay has been vacated by oral order. Initially show cause notice was issued on 10.5.2007 but since nobody appeared the writ petition was admitted, and notices were issued.
In my view, in view of this short controversy, the writ petition itself can be disposed of by setting aside
Annexure-2, and directing Superintending Engineer to hear the petitioners afresh, and pass a fresh order on merits in accordance with law.
It is contended by the learned counsel for the petitioner at this stage that Superintending Engineer has no jurisdiction to pass the order of the nature like
It may be clarified that it will be open to the petitioners to raise this contention also before the
Superintending Engineer which contention will be examined by the Superintending Engineer on merits, and if the
Superintending Engineer finds force in the contention, then he would send the matter to the concerned competent authority who is competent to decide the controversy.
With this, the writ petition is allowed as above.
The parties are directed to appear before the
Superintending Engineer on 26.11.2007. Interim order passed by this Court on 30.5.2007 shall continue till 5.12.2007, or till the Superintending Engineer passes any fresh order on the request of the petitioner for stay whichever is earlier.
( N P GUPTA ),J. /Sushil/
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