R.R. Yadav, J.-The petitioners have filed the instant writ petition alleging therein that Annx. 1 to the writ petition passed by the Superintending Engineer, Irrigation Circle, Sri Ganganagar on 19-10-1991 is per se illegal and without jurisdiction and the impunged order Annx. 1 has been passed without giving an opportunity of being heard under Sub-rule (3) of Rule 11 of the Rajasthan Irrigation and Drainage Rules, 1955 (for short “the Rules of 1955”).

2. After service of notice, the respondents have filed a detailed reply stating therein that the cultivators including the petitioners play mischief and lower down the cill level of the outlet by illegal means to increase pressure of water on cill level. In the case of the petitioners too, while checking was being made in 1991, it was found that the out-let is having H-2.20 ft. against the required H-1.39 ft, as per its latest approved datas. The aforesaid situation necessitated to set right the outlet as per required datas to check its over drawal being managed illegally by the shareholders of Chak No. 10 Q/1 including the petitioners destroying the shape of the cill level of the outlet. It is also stated in the reply that