A notification issued by the government under Section 60 of the Rajasthan Irrigation and Drainage Act, 1954, amending the Rajasthan Irrigation and Drainage Rules, 1955, will come into force only upon its publication in the official gazette.

1. - At the request of learned counsel for the parties all these petitions are heard and disposed of by this common order today as the points involved in these petitions are the same.

2. The notification dated August 11, 1986 issued by the Deputy Secretary to the Govt, was published on August 28,1986 in exercise of powers conferred under sub-section (1) of Section 60 of the Rajasthan Irrigation Drainage Act, 1954, by which the State Govt, made amendment in the Rajasthan Irrigation and Drainage Rules, 1955 and inserted new sub-rule (c) after sub-rule (b) of Rule 55 of the Rules, 1955. Rule 55 (c) reads as under:

"55(c). An appeal shall lie to the Chief Engineer/Additional Chief Engineer/Commissioner OAD, Chambal, Kota under their respective jurisdiction from any order passed by the superintending Irrigation Officer under the Act or these Rules."

3. Thus, under Rule 55 (c) an appeal would lie to the Chief Engineer/Additional Chief Engineer/Commissioner C.D., Chambal, Kota under their respective jurisdiction from any order passed by the Superintending Irrigation Officer under the Act or the Rules. Accordingly the aggrieved persons filed their appeals before the Chief Engineer etc. On 3-5-96, officer on special duty Irrigation by order of the Governor issued another notification in exercise of powers conferred under Section 60 of the Act and made the amendment in Rule 55 of the Rules. The notification is reproduced as under:-

"Government of Rajasthan Irrigation Department.

No. F. 22(8) lrrig./95 Jaipur.
Dated 3-5-96. Notification

In exercise of powers conferred under Section 60 of the Rajasthan Irrigation and Drainage Act, 1954 (Act of 1954), the State Government hereby makes the following amendment in Rule 55 of the Rajasthan Irrigation and Drainage Rules, 1955 namely:-

Amendment.

I the said rule. -

"The existing clause (c) of Rule 55 is hereby deleted with immediate effect."
By order of the Governor Sd/- (R. C. Agarwal)

Officer on Special Duty Irrigation."

4. As per the said notification clause (c) of Rule 55 under which appeal use to lie before the Chief Engineer etc. that clause was deleted with immediate effect i.e. from 3-5-96. It is to be stated that the State Govt, has powers under Section 60 of the Act to make the Rules which include amendment in the Rules, but Section 60(2) of the Act clearly provides that such rules shall have to be published in official gazette and it shall have force of law only upon its publication Section 60(2) of the Act reads as under:-

"60(2): Such rules shall be published in the Official Gazette and shall thereupon have the force of law".

5. It is an admitted fact that though the sub-rule 55 (c) came to be deleted by the aforesaid impugned notification dated 3-5-96 has not still published in official gazette. Before it is published in official gazette it has no force of law as provided under Section 60(2) of the Act. Still the Chief Engineer thought that once the notification is issued he has no power to entertain the appeals and therefore, by an order passed on different dates in all these petitions he dismissed all the appeal on the sole ground that provision of appeal provided under Rule 55 (c) of the Rules has been deleted.

6. Aggrieved of that orders all the petitioners have filed these petitions before this Court and challenged the impugned orders passed by the Chief Engineer in their respective appeal by which their appeals were dismissed only on the ground that he had no jurisdiction to entertain such appeal after decision of Rule 55 (c) of the Rules under which appeals were filed before him.

7. Learned counsel appearing for the petitioners vehemently submitted that the impugned orders passed by the Chief Engineer on the basis of impugned notification dated 3-5-96 are bad in law and illegal and liable to be set aside as the said notification has yet not been published in official gazette and, therefore, it has no force of law. It was submitted that the notification will come into force only