M.C. JAIN, J.—This petition is directed against the order of the Superintending Engineer Irrigation dated 1.6.1979 whereby the recommendation made by the Executive Engineer that the squares no. 34 and 44 of Chak 19 GG may be transferred to Chak 2LL for irrigation was not confirmed.

2. Learned counsel for the petitioner submitted that the order of the Superintending Engineer is without jurisdiction in as much as the Divisional Irrigation Officer alone is competent to deal with the matter and only appeal lies to the Superintending Engineer under Rule 11 sub-rule (2) of Rajasthan Irrigation and Drainage Rules 1955. According to the learned counsel for the respondent the relevant provision which deals with the matter is section 20 of the Rajasthan Irrigation & Drainage Act, 1954 and Rule 11 has no application. He relied on a decision of this Court in Jaimal Ram Vs. State of Rajasthan and others wherein it has been held that allowing extra land to be irrigated from existing outlet does not amount to alter distribution system and such a case is covered by Section 20. For Proper appreciation of the controversy it would be appropriate to refer to section 20 as well as rule 11.

Section 20 reads as under:-

20 Supply of water through intervening water course (1) Whenever application is made to a Divisional Irrigation Officer for a supply of water from an Irrigation work and it appears to him expedient that such supply should be given and that it should be conveyed through some existing water course he shall give notice to the person responsible for the construction and maintenance of such water course to show cause on a day not less than fourteen days from the date of such notice why the said supply should not be so conveyed and after making enquiry on such day the Divisional Irrigation Officer shall determine whether and on what condition the said supply shall be conveyed through such water course.

(2) When such officer determines that a supply of water from any irrigation work may be conveyed through any water course as aforesaid his decision shall when confirmed or modified by the Superintending Irrigation Officer, be binding on the applicant and also on the persons responsible for the maintenance of the said water course.

(3) Such applicant shall not be entitled to use such water course until he has paid the expense of any alteration of such water course necessary in order to his being supplied through it and also such share of the first cost of such water course as the Divisional of Superintending Irrigation Officer may determine.

(4) Such applicant shall also be liable for his share of the cost of maintenance of such water course so long as he use it." "11 Distribution of canal Irrigation (1) no irrigation from canal will be drawn from outlets other than those authorised by the Divisional Irrigation Officer- qutters not so authorised may be removed and no claims in this respect shall lie against the Government persons violating this rule will be liable to punishment under section 55 (9) of the Act.

(2) No material change shall be made in an established system of canal distribution except under the orders of the Divisional Irrigation Officer. Appeal against the orders of the Divisional Irrigation Officer, shall lie to the Superintending Officer within 15 days from the date of issue of such orders and his decision in the matter shall be final.

(3) Notice for the reduction and removal of outlets with brief reasons therefore, shall be issued by the Divisional Irrigation Officer and given adequate publicity through Panchayats requiring all persons effected by such reduction or removal, who may wish to make objection to submits their objections in writing to the Divisional Irrigation Officer within 15 days from the date of issue of such notice. The Divisional Irrigation Officer shall after considering all such objection made necessary order. Appeal if any against the orders of the Divisional Irrigation Officer shall lie to the Superintending Irr

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