JUDGMENT :

1. The matter is listed in the ‘Orders’ category, however, with the consent of the learned counsel for the parties, the matter is being heard and disposed of finally today itself.

2. The present writ petition has been filed by the petitioners whereby, a challenge has been laid to the order dated 12.02.2016 passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and the appellate order dated 26.08.2016 passed by the Superintending Engineer, Water Resources Circle, Hanumangarh.

3. Briefly, the facts in the case are that the petitioners are having an agricultural land in Chak No. 9 LKS/B in Tehsil Pilibanga, District Hanumangarh. The petitioners are getting the irrigation facility through a water course which runs through Killa No.1, 9, 13, 17 and 25 of Stone No.2/285. The sanctioned Naka from which the petitioners are presently getting the water supply is between Killa Nos.12 and 13 of Stone No.2/285.

4. On an application being moved by the private respondent nos.2 and 3, the Executive Engineer, Water Resources Division Second, Hanumangarh vide order dated 12.02.2016 canceled the water course which was passing through Murabba No.2/85 and instead, the water course was ordered to be made through Killa Nos.21 to 25.

5. The petitioners being aggrieved of the order dated 12.02.2016 preferred an appeal before the Superintending Engineer, Water Resources Circle, Hanumangarh and the Superintending Engineer vide order dated 26.08.2016 rejected the same. In these circumstances, the petitioners have preferred this writ petition.

6. Learned counsel for the petitioners submits that the Executive Engineer, Water Resources Division Second, Hanumangarh passed the impugned order dated 12.02.2016 without giving any opportunity of hearing to the petitioners. He further submits that a bare perusal of Annexure-5 which is a Notice issued by the Executive Engineer, Water Resources Division Second, Hanumangarh, the name of the petitioners are not reflected. He submits that since no notice was served upon the petitioners and no opportunity of hearing was granted, the order passed by the Executive Engineer, Water Resources Division Second, Hanumangarh on 12.02.2016 is in the gross violation of the principles of natural justice. It is submitted that the order passed is having civil and evil consequences against the petitioners, therefore, an opportunity of hearing is must before passing the order dated 12.02.2016. He further submits that even in appeal, the grounds of the petitioners have not been considered properly by the Superintending Engineer, Water Resources Circle, Hanumangarh and the appeal preferred by the petitioners was rejected by a totally non-speaking order. He, therefore, submits that the orders passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and the Superintending Engineer, Water Resources Circle, Hanumangarh may be quashed and set aside.

7. Per contra, learned counsel for the respondents vehemently opposed the submissions made by the learned counsel for the petitioners and submits that the Executive Engineer, Water Resources Division Second, Hanumangarh after having taken into consideration the submissions of all the agriculturists located in the area and after giving them an opportunity of hearing passed the order impugned. Since the other persons, who are similarly situated to the petitioners, were present before the Executive Engineer, Water Resources Division Second, Hanumangarh and they were heard in the matter, therefore, the stand of the petitioners was reflected and brought to the notice of the Executive Engineer, Water Resources Division Second, Hanumangarh before taking a decision and, therefore, that was sufficient in the present case for passing the order dated 12.02.2016 amending the water course. He further submits that on an appeal being preferred by the petitioners before the Superintending Engineer, Water Resources Circle, Hanumangarh, all the points raised were ta