(1)(a)If on inquiry or report under section 136-D, the officer to whom the application is made is satisfied -(i)that the irrigation work is in such a state of disrepair as materially to prejudice the irrigation of the lands dependent upon it; and(ii)that the state of disrepair is not due exclusively to the wrongful acts of the ryots or to omission to make such petty works or minor repairs as the ryots are by law or custom bound to carry out,he may pass an order specifying the works necessary for the restoration of the irrigation work to efficiency and the estimated cost of the same and requiring the landholder to execute the said works within a specified time which may be extended, from time to time, by the officer. In passing an order specifying or extending the time, the officer shall consider any representations made by the ryot or ryots who made the application and pay due regard to the capacity of the estate of such landholder to bear within such time, the cost of such works in addition to the cost of other works, if any, ordered by such officer or by any other officer to be executed by such landholder or undertaken by such landholder of his own accord.(b)If on such inquiry or report, the officer to whom the application is made is satisfied -(i)that the irrigation work is not in such a state of disrepair as materially to prejudice the irrigation of the lands dependent upon it; or(ii)that the state of disrepair is due exclusively to the wrongful acts of the ryots or to omission to make such petty works or minor repairs as the ryots are by law or custom bound to carry out, he shall dismiss the application.
