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1979 Supreme(Raj) 72

C.M.LODHA, KANTA BHATNAGAR
BAGA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
A.K.Mathur, K.N.JOSHI, M.D.PUROHIT

Judgment


LODHA, C. J.

( 1 ) THESE are two connected special appeals directed against a common order dated Dec. 19, 1978 passed by the learned Single Judge, whereby the petitioners writ applications registered as S. B. Civil Writ Peti-tions Nos. 858 and 857 of 1978, were dismissed. The dispute between the parties relates to removal and shifting of outlets of water in Chak Nos. 19 N. W. D. and 20 N. W. D. S. B. Civil Writ Petition No. 857 of 1978 was in respect of Chak No. 20 N. W. D. whereas S. B. Civil Writ Petition No. 858 of 1978 was in respect of Chak No. 19 N. W. D.

( 2 ) THE Divisional Irrigation Officer, Rawatsar, who is also Executive Engineer, rawatsar (hereinafter referred to as "d. I. O. "), by his letter dated July 1, 1978 (Ex. 3), submitted his recommendation to the Superintending Irrigation Officer, hanumangarh Junction, who is also Superintending Engineer (hereinafter referred to as "section I. O. "), that the outlet No. 20 N. W. D. may be shifted to stone-line No. 124/10 (running south to north) from stone-line 134/10 (running east to west ). As regards outlet No. 19 N. W-D. , he recommended that the present outlet position may be kept as it is. On receipt of this re













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