Advocates:
['GR PUNIA', 'BR CHAHARBR CHAHAR YP KHILEREE', 'VIKASH BIJARIYA', 'RS CHOUDHARY', 'JR CHAWEL', 'BR CHAHAR', 'G A OP BHATI', 'DY G A']

SBCWP NO.5809/2006 –CHAINA RAM AND ORS. . V/S THE STATE OF RAJASTHAN AND ORS. : JUDGMENT

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

S.B. CIVIL WRIT PETITION NO.5809/2006

Chaina Ram and ors.

versus

The State of Rajasthan and ors.

PRESENT

HON'BLE Dr.JUSTICE VINEET KOTHARI

Mr.R.S.Chaudhary, for the petitioner.

Mr.Arjun Singh Rathore, for respondents

DATE OF JUDGMENT

: 12^th May, 2008.

JUDGMENT

1.

Heard the learned counsels for the parties.

2.

The only grievance raised in the present writ petition is change

of outlet from 27 RD to 31 RD. The learned counsel for the petitioner

submits that the said outlet was changed without inviting objection

SBCWP NO.5809/2006 –CHAINA RAM AND ORS. . V/S THE STATE OF RAJASTHAN AND ORS. : JUDGMENT

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and given an opportunity of hearing to the affected parties including

the petitioners.

3.

This submission is controverted by the learned counsel for the

respondents and he submits that only Kachcha Nala which was made

at the site in question was regularized by making Pucca Nala,

therefore, the outlet could be changed in the course of such

construction. However, since the grievance raised in the present writ

petition is that same was done without giving an opportunity of

hearing to the petitioners , it is considered expedient to dispose of the

present writ petition by directing the concerned Superintending

Engineer, Command Area Development, Division Circle Nachna,

IGNP, Bikaner- respondent nO.3 to provide an opportunity of hearing

and pass a fresh order in accordance with law. In this regard, the

petitioner may appear before the said authority in the first instance on

27.5.2008 and it is expected that the said authority would pass

appropriate orders in accordance with law giving an opportunity of

hearing to the petitioners.

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4.

With the aforesaid directions, this writ petition is disposed of.

No order as to costs.

(Dr.VINEET KOTHARI)J.

Item No.45

Ss/-