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2021 Supreme(Raj) 723

DINESH MEHTA
Gurucharan Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Sanjeet Purohit, for the Appellant; Mr. C.S. Kotwani, for the Respondent.

JUDGMENT

1. The petitioner has preferred the present writ petition, feeling aggrieved of the order dated 10.02.2021 passed by the Executive Engineer, so also the order dated 23.02.2021, passed by the Superintending Engineer, respondents Nos.3 and 2 respectively.

2. Precise facts relevant for controversy in hand are that the respondent No.4, who was having his land in Kilas Nos.1, 2, 3, 6 and 8 of Murabba No.16 of Chak 7G Chhoti, moved an application dated 25.01.2021 before the respondent No.3 and prayed that anew water-course be sanctioned at Kila No.25 of Murabba No.16, considering the fact that a permanent water-course has been constructed and he does not have a permanent naka.

3. According to the petitioner, as soon as he came to know about the application so filed by the respondent No.4, he lodged his objection in writing to such request.

4. The Executive Engineer, vide his order dated 25.01.2021, observed that looking to the crop season, no change be effected in the water turn, as prayed by the applicant (respondent No.4).

5. However, incumbent in the office of respondent No.3 changed; the new incumbent, vide his order dated 10.02.2021, abruptly accepted the application so filed by

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