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2022 Supreme(Raj) 2560

VINIT KUMAR MATHUR
Hans Raj – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Kanishk Singhvi, Advocate, for the Appellant
Saloni Malpani for Abhilasha Bora, Gyan Jyoti Gupta, Hemant Jain and L.K. Purohit, Advocates, for the Respondents

JUDGMENT

Vinit Kumar Mathur, J. - Heard learned counsel for the parties.

2. The case comes up on an application for preponement of the date. However, with the consent of counsel for the parties, the matter is heard finally and decided today itself.

3. The present writ petition has been filed for quashing and setting aside the order dated 13.11.2010 passed by the Executive Engineer, Sri Ganganagar as well as the order dated 28.06.2011 passed by the Superintending Engineer, Sri Ganganagar.

4. The brief facts necessary to be narrated are that an order was passed by the Executive Engineer on 13.11.2010, whereby the application preferred by the respondent Puran Singh that water course has been running through Murabba Nos. 28 & 29 for last 60 years, therefore, the same should be sanctioned. At the same time, the petitioner Hans Raj also preferred an application wherein it was stated that since the sanctioned water course is not in Murabba Nos. 28-29, therefore, the same should be removed and water course should be constructed at the sanctioned place i.e. Murabba Nos. 17, 18, 25 & 26.

5. The Executive Engineer while disposing of two applications vide order dated 13.11.2010 held that for all pr

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