IMPORTANT POINT
The central legal point established in the judgment is the consideration of technical aspects and feasibility in disputes over irrigation facility and water rights.

JUDGMENT :

1. The instant writ petition has been preferred by the petitioners challenging the validity of the order dated 19.02.2024 (Annex.19) passed by the Superintending Engineer, Water Resources Circle, Hanumangarh whereby appeal preferred by private respondents No.4 and 5 has been allowed and they have been provided water/irrigation facility from Kila No.5 according ‘ vkढ Plan’ (Internal Field Channel).

2. Briefly stated, the facts of the case are that the petitioners are having their agriculture land in Chak 24 JRK situation in Murabba No.23, ad-measuring 2 Bigha in Kila No.10 and 11 and 5 Bigha in Kila No.22. According to petitioners, an inlet has been sanctioned by the Irrigation Department at Kila No.5 of Murabba No.23. The dispute between the parties arose, when private respondent No.4 Mahavir preferred an application for continuation of ‘ vkढ’ (Internal Field Channel) as per Chief Engineer’s arrangement of ‘ vkढ’ within a square way back in the year 2019 (27.02.2019). In the said application, Mahavir (private respondent No.4) requested for shifting of water turn from Murabba No.23/248 to Murabba No.22/247, which according to petitioners, was related to one Balram. On the said application, the water turn of Balram was shifted to Murabba No.22/247. On account of shifting of ‘ vkढ’, which was situated from Kila No.125 in Murabba No.25/248, the same rendered redundant and while apprehending some untoward incident with the petitioners, inasmuch as they were having 2 Bigha of land in Murabba No.23/248, the petitioners submitted an application before the competent authority with a prayer to provide them water facility to their fields on 29.05.2019 (Annex.1).

3. The competent authority i.e. Chairman, Water User Association as well as Assistant Engineer and Superintending Engineer, on the application submitted by the petitioners, observed to implement the Internal Field Channels as per sanctioned plan approved by the competent authority. The Superintending Engineer thereafter vide order dated 04.07.2019 directed to provide Internal Field Channel to the petitioners while treating inlet at Kila No.5 on 04.07.2019. In pursuance of the order dated 04.07.2019, the Executive Engineer, the Assistant Engineer issued notice to private respondents No.4 and 5 on 13.11.2019. Thereafter, the Assistant Engineer after hearing the parties concerned, directed opening of the inlet situated at Kila No.5 and also ordered for closing the illegal inlet, created by private respondents vide order dated 22.11.2019 (Annex.4).

4. Pursuant to order dated 22.11.2019, the Patwari concerned and Ziledar in the presence of Chairman, Water User Association restored the water facilities in favour of petitioners on 26.11.2019. Being appalled by the noting made by the Executive Engineer on the application preferred by the petitioners, the private respondents preferred an appeal (Appeal No.101/2019) before the Superintending Engineer and the Superintending Engineer on 26.11.2019 (Annex.6) proceeded to pass an interim order in the appeal preferred by private respondents while directing to maintain status quo and fixed the appeal on 13.12.2019.

5. According to petitioners, the private respondents with a view to overreach the process of law proceeded to demolish the Internal Field Channel created by the Patwari concerned and, therefore, petitioners lodged an FIR No.23/2020 at Police Station Goluwala, against the private respondent Rajendra and other accused persons for offences under Sections 427, 430 and 447 of IPC and Section 3 of the Public Properties Act, 1984. After registration of the FIR, the SHO sought report from the Assistant Engineer, Water Resources with regard to breaking out of the Internal Field Channel and inlet. The Assistant Engineer submitted its report on 03.01.2020 (Annex.10) apprising therein that in pursuance of earlier directions issued by the Executive Engineer, the internal field channel was restored and illegal inlet situated at Kila No.6 was