ORDER :

1. The present writ petition has been filed by the petitioners under Article 226 and 227 of the Constitution of India with the following prayers:-

“A. By an appropriate writ order or direction, the order dated 06.03.2020 (Annexure-4) passed by the Executive Engineer as well as the order dated 10.02.2021 (Annexure7) passed by the Superintending Engineer may kindly be declared illegal and be quashed and set aside.

B. Any other appropriate order or relief which this Hon'ble court may deem just and proper in the facts and circumstances of this case may kindly also be passed in favour of the humble petitioners.”

2. With the joint consent of learned counsel for the parties, the matter is heard today itself.

3. Briefly stated facts of the case are that the petitioners are the agriculturists having there agriculture land in Murabba No.18 in Chak 34 B.B., Tehsil Padampur, but the same is shown for irrigation purpose in Chak 36 B.B. in the agriculture land of the petitioners situated at Murabba No.18, stone No.185/232, there is a water course running from Kila No.1 to 5 and 5 to 25. There is no sanctioned water course in Kila No.1, 10, 11, 20 and 21, as the same is not shown in the Jamabandi.

4. An application came to be filed before the Executive Engineer by few of the villagers (private respondents) in the year 2013, asking for attestation of the water course. The file was transferred to the Executive Engineer, Water Resources, South Division in the year 2017. The petitioner Darshan Singh filed detailed objections before the authority, stating that there is no water course in Kila No.1 to 21 and further, if at all, any action is required, the same can be taken by adhering to the provisions of Section 21 to 28 of the Rajasthan Irrigation and Drainage Act, 1954 (hereinafter referred to as ‘the Act of 1954’). Thereafter, on 06.03.2020 (Annexure-4), without affording any opportunity of hearing to the petitioners, the order for sanctioning a new water course in Kila No.1 to 21 and Murabba No.18, stone No.185/232 and Murabba No.31, stone No.185/233 was passed by the Executive Engineer, the petitioners preferred an appeal against the said order before the Superintending Engineer and the appeal was dismissed vide order dated 10.02.2021 (Annexure-7).

5. Being aggrieved of the same, the petitioners have preferred the present writ petition.

6. Learned counsel for the petitioners submits that the orders impugned dated 06.03.2020 (Annexure4) passed by the Executive Engineer and the order dated 10.02.2021 (Annexure-7) passed by the Superintending Engineer, are not sustainable, as a new water course has been sanctioned in the petitioners’ field and the procedure as laid down under Sections 21 to 28 of the Act of 1954, has not been followed by the respondents. He further submits that if at all, a new water course has to be sanctioned, then, the land has to be set apart in light of the provisions as laid down under the Act of 1954.

7. He also submits that the order passed by the Executive Engineer dated 06.03.2020 (Annexure-4), is a non-speaking and an unreasoned order, as no reasons have been assigned for sanctioning the new water course and no technical report was taken into consideration. He also submits that the respondents without making any survey of the factual position, went ahead to pass the impugned orders merely relying upon old Jamabnandi.

8. He also submits that both the authorities below have failed to appreciate that there was no existing water course in the petitioners’ field and have failed to consider the entire record wherein, thee is no such water course reflected in the Jamabandi produced by the petitioner in Kila No.1 to 21 of Murabba No.18 and 31.

9. He also submits that the irrigation records do not match with the revenue records and thus, the respondent authorities could not have proceeded based on the irrigation records only as the revenue record available with the petitioners, does not indicate that the water course was already