Natural justice principles mandate that a party facing civil consequences must be given a hearing, reaffirming that procedures must be followed to avoid arbitrary actions by authorities.

Order :

1. Heard learned counsel for the parties.

2. The present special appeal has been filed against the order dated 20.02.2024 passed by the learned Single Bench, whereby, the writ petition preferred by the petitioner-appellant has been dismissed.

3. Briefly noted the facts in the present case are that the appellant was elected as President of the Water Users Association Sahuwala on 20.02.2022 and he was also elected as the Chairman of the Water Distribution Committee of HH Canal on 09.03.2022. The respondent No.4 was having an agricultural land in Sahuwala and there was a water turn dispute between the respondent No.4 and his uncle Brij Lal. The on-going dispute was resolved by the Superintending Engineer, Sri Ganganagar by passing an order dated 16.11.2021. The effect of the order dated 16.11.2021 was required to be given to by the Committee/President of the Water Users Association, Sahuwala. Since the water turn was not provided to the respondent No.4, therefore, he preferred a writ petition before this Court being S.B. Civil Writ Petition No.13262/2023 (Mohit Vs. The State of Rajasthan & Ors.), wherein, this Court on 19.10.2023 passed an interim order directing the respondents to explore the possibilities for starting the water turn to present respondent No.4- Mohit as per the revenue record. The order dated 19.10.2023 was required to be complied with by the Committee headed by the present appellant. Since the order of this Court was not complied with, the present appellant was served with a notice dated 19.12.2023, whereby, the Committee headed by the appellant was directed to produce the entire record before the Superintending Engineer and appear before him on 20.12.2023.

4. On 20.12.2023, the present appellant appeared before the Superintending Engineer along with the record and submitted his entire explanation, which is placed on record as Annexure-8. Dissatisfied by the explanation furnished by the present appellant, the Superintending Engineer passed the order dated 22.12.2023, whereby, the Managing Committee of the Water Users Association, Sahuwala was dissolved with immediate effect. In these circumstances, the present appellant preferred the writ petition before this Court and the learned Single Bench, after hearing the learned counsel for the parties, dismissed the writ petition vide order dated 20.02.2024. Hence, the present appeal has been filed. 5. Learned counsel for the appellant vehemently submits that the present appellant is a duly elected person of the Water Users Association, Sahuwala and for no fault, by passing the order dated 22.12.2023, not only the Association has been dissolved but also the appellant has been removed without giving any opportunity of hearing. He further submits that the action of the respondents is in gross violation of the principles of natural justice. He also submits that the order passed by the Superintending Engineer on 16.11.2021 and the orders passed by this Hon’ble Court were duly and faithfully complied with by the appellant.

6. Learned counsel for the appellant also submits that at the end of the present appellant, no action was pending and, therefore, he cannot be punished for non complying of the directions issued by this Court as well as the order of the Superintending Engineer. He further submits that very strangely, the Managing Committee comprises of five persons has been dissolved vide order dated 22.12.2023 without giving any opportunity of hearing to the other four members of the Committee too.

7. Learned counsel for the appellant further submits that in due compliance of the orders passed by the Superintending Engineer, the requisite water slips were issued and the same