The court emphasized the necessity of following due process and principles of natural justice before any demolition action can be taken against the petitioner.

Order :

1. The present writ petition has been filed with the following prayer:

“i) By an appropriate writ, order or direction, the Notice dated 18.09.2024 (Annexure-P/3 issued by the respondent No.4 (Assistant Engineer, Water Resources Sub Division Khara, Hanumangarh) and the communication dated 18.09.2024 (Annexure-P/ 4) issued by respondent No.3 (Executive Engineer, Water Resources Division-II, Hanumangarh) may kindly be quashed and set aside.

ii) By an appropriate writ, order or direction, the proceedings initiated by the respondent authorities to remove and demolish the house and crops of the present petitioner from the land in question may kindly be declared as without jurisdiction, illegal and arbitrary and further be quashed and set aside as being violative of principles of natural justice.

iii) By an appropriate writ, order or direction, the respondent authorities may kindly be restrained from taking any forceful action against the present petitioner to remove and demolish his house and crops from the land in question without following the appropriate procedure under law.

iv) Any other appropriate relief which this Hon’ble Court deems just and proper may kindly be granted in favour of the petitioner”

2. The argument of learned counsel for the petitioner is that a show cause notice dated 18.09.2024 was issued by the respondent No.4 - Assistant Engineer, Water Resources Sub Division Khara as to why construction made by him shall not be demolished on the land in question, since such construction was allegedly made on sanctioned water course.

3. The contention of learned counsel for the petitioner is that there was no consent either from the petitioner or his father and he refused the claim of the authority that there was a sanctioned water course.

4. The grievance of the petitioner is that he has not encroached upon any water course and the water course was shown only on the papers and it was not actually executed and such sanctioned water course was within the khatedari land of the petitioner.

5. In response to the notice, the petitioner also submitted his explanation. Petitioner’s apprehension is that before a decision is taken by the Assistant Engineer, there is a threat to demolish his house and, therefore, he seeks interim protection from this Court.

6. Considering the same, the writ petition is disposed of as follows:-

a) The Assistant Engineer, Water Resources Sub-Division Khara, Hanumangarh is directed to consider the representation of the petitioner and any material further to be placed by the petitioner and conclude his proceedings.

b) Till conclusion of the proceedings by the Assistant Engineer there shall not be any act of demolishing of petitioner’s construction.

7. If the petitioner is aggrieved of any order to be passed by the Assistant Engineer, he shall be at liberty to challenge such order.