CWP No.6497 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6497 of 2008 Date of decision:12.07.2010 Dalbir Singh and others ...... Petitioners VERSUS The State of Haryana through the Commissioner & Secretary, Department of Irrigation & Power, Government of Haryana, Civil Secretariat, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Ashok Verma, Advocate for the petitioners. Mr.Deepak Girotra, AAG, Haryana for respondents no.1 to 4. Mr.R.N.Lohan, Advocate for respondents no.5 and 6. ***** RAJIVE BHALLA.J (Oral) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 18.01.2008, passed by the Chief Canal Officer., Y.W.S., Haryana Irrigation Department, Sinchai Bhawan, Sector-5, Panchkula. The dispute in the present petition arises from an application filed by the private respondents for shifting of O/L R.D.27700-R, Ram Kali Minor to R.D.26550-R, Ram Kali Minor of Village Khema Kheri, Tehsil and District Jind. The petitioners opposed the application by asserting that as their land is already at a higher level, shifting the outlet would increase the difference in height between the outlets thereby adversely affecting irrigation to their land. The Divisional Canal Officer, allowed the application vide order dated 12.10.2004. Aggrieved by this order, the petitioners filed an appeal. The CWP No.6497 of 2008 -2- Superintending Canal Officer, accepted the appeal. The private respondents thereafter filed a petition before the Chief Canal Officer, Haryana, who accepted the petition, set aside the order passed by the Superintending Canal Officer and restored the order passed by the Divisional Canal Officer. I have heard counsel for the parties and perused the impugned orders. The order passed by the Chief Canal Officer is devoid of any reasons much less any process of reasoning. The Chief Canal Officer, should have decided the petitioners grievance about the difference in height between the outlets and the consequent adverse impact on irrigation to their fields. An order shifting an outlet must indicate detailed reasons for and against the plea. The Chief Canal Officer, has failed to address this aspect of the dispute. In view of what has been stated hereinabove but without expressing any opinion as to the rights of the parties, the impugned dated 18.01.2008, passed by the Chief Canal Officer, is set aside and the matter is remitted to the Chief Canal Officer, to decide the matter afresh and in accordance with law, within three months from receipt of a certified copy of this order. Parties are directed to appear before the Chief Canal Officer, Y.W.S., Haryana Irrigation Department, Sinchai Bhawan, Sector-5, Panchkula, on 07.09.2010. 12.07.2010 [RAJIVE BHALLA] shamsher JUDGE