Ram Singh S/o. Shri Kheta Ram by caste Bishnoi v. State of Rajasthan
2022-05-16
VINIT KUMAR MATHUR
body2022
DigiLaw.ai
JUDGMENT : 1. The matter is listed in the ‘Orders’ category, however, with the consent of the learned counsel for the parties, the matter is being heard and disposed of finally today itself. 2. The present writ petition has been filed by the petitioners whereby, a challenge has been laid to the order dated 12.02.2016 passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and the appellate order dated 26.08.2016 passed by the Superintending Engineer, Water Resources Circle, Hanumangarh. 3. Briefly, the facts in the case are that the petitioners are having an agricultural land in Chak No. 9 LKS/B in Tehsil Pilibanga, District Hanumangarh. The petitioners are getting the irrigation facility through a water course which runs through Killa No.1, 9, 13, 17 and 25 of Stone No.2/285. The sanctioned Naka from which the petitioners are presently getting the water supply is between Killa Nos.12 and 13 of Stone No.2/285. 4. On an application being moved by the private respondent nos.2 and 3, the Executive Engineer, Water Resources Division Second, Hanumangarh vide order dated 12.02.2016 canceled the water course which was passing through Murabba No.2/85 and instead, the water course was ordered to be made through Killa Nos.21 to 25. 5. The petitioners being aggrieved of the order dated 12.02.2016 preferred an appeal before the Superintending Engineer, Water Resources Circle, Hanumangarh and the Superintending Engineer vide order dated 26.08.2016 rejected the same. In these circumstances, the petitioners have preferred this writ petition. 6. Learned counsel for the petitioners submits that the Executive Engineer, Water Resources Division Second, Hanumangarh passed the impugned order dated 12.02.2016 without giving any opportunity of hearing to the petitioners. He further submits that a bare perusal of Annexure-5 which is a Notice issued by the Executive Engineer, Water Resources Division Second, Hanumangarh, the name of the petitioners are not reflected. He submits that since no notice was served upon the petitioners and no opportunity of hearing was granted, the order passed by the Executive Engineer, Water Resources Division Second, Hanumangarh on 12.02.2016 is in the gross violation of the principles of natural justice. It is submitted that the order passed is having civil and evil consequences against the petitioners, therefore, an opportunity of hearing is must before passing the order dated 12.02.2016.
It is submitted that the order passed is having civil and evil consequences against the petitioners, therefore, an opportunity of hearing is must before passing the order dated 12.02.2016. He further submits that even in appeal, the grounds of the petitioners have not been considered properly by the Superintending Engineer, Water Resources Circle, Hanumangarh and the appeal preferred by the petitioners was rejected by a totally non-speaking order. He, therefore, submits that the orders passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and the Superintending Engineer, Water Resources Circle, Hanumangarh may be quashed and set aside. 7. Per contra, learned counsel for the respondents vehemently opposed the submissions made by the learned counsel for the petitioners and submits that the Executive Engineer, Water Resources Division Second, Hanumangarh after having taken into consideration the submissions of all the agriculturists located in the area and after giving them an opportunity of hearing passed the order impugned. Since the other persons, who are similarly situated to the petitioners, were present before the Executive Engineer, Water Resources Division Second, Hanumangarh and they were heard in the matter, therefore, the stand of the petitioners was reflected and brought to the notice of the Executive Engineer, Water Resources Division Second, Hanumangarh before taking a decision and, therefore, that was sufficient in the present case for passing the order dated 12.02.2016 amending the water course. He further submits that on an appeal being preferred by the petitioners before the Superintending Engineer, Water Resources Circle, Hanumangarh, all the points raised were taken note of before rejecting the appeal. He, therefore, prays that no interference is warranted in the orders passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and the Superintending Engineer, Water Resources Circle, Hanumangarh by this Court. 8. I have considered the submissions made at the Bar and have gone through the relevant records of the case including the impugned orders passed by the authorities below. 9. The notice issued by the Executive Engineer, Water Resources Division Second, Hanumangarh placed on record as Annexure-5 does not reflect the name of the petitioners and, therefore, the petitioners could not cause their appearance before the Executive Engineer, Water Resources Division Second, Hanumangarh. 10. The Executive Engineer, Water Resources Division Second, Hanumangarh passed the order on 12.02.2016 without giving an opportunity of hearing to the petitioners.
10. The Executive Engineer, Water Resources Division Second, Hanumangarh passed the order on 12.02.2016 without giving an opportunity of hearing to the petitioners. It is a settled proposition of law that if an order is passed by quasi-judicial authority having civil and evil consequences, then an opportunity of hearing is must in compliance of the principles of natural justice. 11. Admittedly, in the present case, the Executive Engineer, Water Resources Division Second, Hanumangarh although noted the arguments of all those persons, who are similarly situated to the petitioners being the agriculturist of the nearby areas, but the petitioners were not served with the notice and, therefore, they were not afforded an opportunity of hearing to plead their case before the Executive Engineer, Water Resources Division Second, Hanumangarh. 12. The order passed by the Executive Engineer, Water Resources Division Second, Hanumangarh is in gross violation of the principles of natural justice and therefore, this Court feels that the same is not sustainable against the present petitioners. 13. Since the Superintending Engineer, Water Resources Circle, Hanumangarh has also not taken note of the submissions made by the petitioners on the ground of not extending the opportunity of hearing by the Executive Engineer, Water Resources Division Second, Hanumangarh, this Court feels that the order passed by the Superintending Engineer, Water Resources Circle, Hanumangarh is also not sustainable in law. 14. In view of the discussions made above, the writ petition is allowed. The impugned order dated 12.02.2016 passed by the Executive Engineer, Water Resources Division Second, Hanumangarh and 26.08.2016 passed by the Superintending Engineer, Water Resources Circle, Hanumangarh are quashed and set aside. It is directed that the petitioners shall appear before the Executive Engineer, Water Resources Division Second, Hanumangarh on or before 31.05.2022 and submit their grievances/submissions. The Executive Engineer, Water Resources Division Second, Hanumangarh after giving an opportunity of hearing to the petitioners will decide the matter within a period of four weeks thereafter. 15. Needless to say that the Executive Engineer, Water Resources Division Second, Hanumangarh will take into account all the reports/field reports/technical report, if so desired. The stay petition and other pending applications, if any, shall stand disposed of accordingly.