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1976 Supreme(Raj) 88

RAJINDAR SACHAR
Shivlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.N. Surolia, for Petitioner; B.R Arora, for Respondent No 6; H.P. Gupta, for Respondent No. 11; H.N. Galla, Dy. Government Advocate

SAGHAR, J—There is an existing water course from stone No. 92/228 to 90/228 from which the petitioners and respondents 5 to 11 were getting their water for a number of years Apparently respondents 5 and 6 were not satisfied with this arrangement as according to them the water course was through a sandy field and they were not getting full use of water. They therefore applied to the Executive Engineer asking for the sanction of a water course from stone No. 92/224 to 90/224. The Executive Engineer examined this matter and noticed that respondent No 5 Sahi Ram had stated that if Nakewar wara bandi was sanctioned on the already sanctioned stone 92/228 he may not ask for the proposed water course. The Executive Engineer on this by his order D/. 23/1/74 therefore proposed that Nakewar wara bindi may be tried for one crop and thereafter he filed the case by his order D/- 27 5-74. Apparently the respondent 5 and 6 did not find satisfaction from the Nakewar wara bandi and filed appeal before the Superintendening Engineer who by his order dated 14-1-75 remitted the case back to the Executive Engineer as in his view the earlier order of 27-5-74 of the Executive Engineer was not final. Tee ma





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