CWP No.14010 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.14010 of 2007 Date of Decision: 11.1.2010 Jaswant Singh .....Petitioner Vs. Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. S.P.S. Tinna, Advocate for the petitioner. Mr. S.S. Sahu, AAG, Punjab, for respondents no.1 to 4. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari quashing orders dated 27.4.2007 and 12.10.2006, passed by the Superintending Canal Officer, Sirhind Canal Circle, Ferozepur and the Divisional Canal Officer, Abohar Canal Division, Canal Colony,Tehsil Abohar, Distt. Ferozepur, transferring an area measuring 4.34 Acres from outlet no.61443/T-L Upper Rupana (Faridkot Division) to the lift pump in outlet no.238934/L Sirhind Feeder Abohar Division, Abohar. Counsel for the petitioner submits that the lift pump outlet, unlike a simple outlet for canal water is sanctioned on the basis of technical specifications calculated on the basis of the command area etc. The addition of more land to the area irrigated by a lift pump would necessarily affect the rights of land owners, already being serviced by a lift CWP No.14010 of 2007 2 pump irrigation scheme. It is submitted that as neither the Divisional Canal Officer nor the Superintending Canal Officer have considered this aspect and have treated the transfer of land as a simple transfer from one ordinary canal nakka to another, the impugned orders should be set aside. Despite service, no one is present on behalf of private respondent no.5. It appears that respondent no.5 is not interested in defending the impugned orders. Counsel for the State of Punjab, states that as it is a dispute between private individuals, the State has no role to play. I have heard learned counsel for the petitioner and perused the orders dated 27.4.2007 and 12.10.2006. The Superintending Canal Officer, while dismissing the appeal, failed to address the argument that a new area cannot be added to a lift pump outlet in view of the technical specifications of such a scheme. Even otherwise, the order is non-speaking and does not meet the parameters of a quasi judicial order. As a consequence, the order dated 27.4.2007 is set aside and the Superintending Canal Officer, Sirhind Canal Circle, Ferozepur and the Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur are directed to reconsider the appeal afresh and decide it in accordance with law. Parties are directed to appear before the Superintending Canal Officer, Sirhind Canal Circle, Ferozepur and the Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur, on 8.2.2010. 11.1.2010 (RAJIVE BHALLA) GS JUDGE