Civil Writ Petition No. 1310 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1310 of 2008 Date of Order: 13.07.2010 Ranbir Singh and another ....Petitioners Versus The Divisional Canal Officer and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ashok Verma ,Advocate for the petitioners. Mr. Gagandeep Singh Wasu, Sr.DAG, Haryana for respondents no.1 to 3 Mr. Sanjiv Gupta, Advocate for respondent No.4. RAJIVE BHALLA, J (Oral). The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 02.03.2006 and 03.04.2007, passed by the Superintending Canal Officer, Bhakra Water Services Circle, Sirsa and the Chief Canal Officer, Haryana Irrigation Department, Panchkula, respectively. Respondent no.4 filed an application for sanction of a water course at point 'AB' from outlet RD-30400-TR BNLC. The Divisional Canal Officer, Sirsa Water Services Division, Sirsa, rejected the application by recording the following findings:- “Case heard in length, statements were recorded. The khaka plan and other relevant record that is attached with the case were also gone through carefully. The area of the applicant Sh. Inder Ram is receiving proper Civil Writ Petition No. 1310 of 2008 -2- irrigation as per copy of Khasra Girdwari Nehri Fasal Rabi 2003-04 to Rabi 2004-05 attached with the case, because of running water course which is also left in consolidation is touching the holding of Sh. Inder Ram s/o Lakha Ram at point Rect./Killa No.71/25 X 74/1/1 as per attached certified copy of khaka plan and the warabandi Nakka of the applicant is also sanctioned on this running water course as per attached certified copy of partly Chak Plan of sanctioned warabandi. On going throuhg all the above records, it is revealed that the area of the applicant Sh. Inder Ram is receiving proper irrigation and a consolidation/running water course is touching the holding of the applicant. Hence the demand of the applicant for sanction of water course AB is not genuine.” The Superintending Canal Officer and the Chief Canal Officer, reversed this order and sanctioned the water course 'AB', through the land of petitioner no.1, without adverting to or reversing the finding recorded by the Divisional Canal Officer that the land owned by respondent number 4 is receiving adequate irrigation from a running water course DEF, (as depicted in the site plan Annexure P-1) and is assigned a warabandi naka. Faced with the above situation, counsel for respondent no.4 prays that the writ petition may be allowed and the orders passed by the Superintending Canal Officer and the Chief Canal Officer be set aside and the matter may be remitted to the Superintending Canal Officer to decide his appeal afresh. In view of the statement made by counsel for respondent no.4, the writ petition is allowed, the orders dated 02.03.2006 and 03.04.2007 Civil Writ Petition No. 1310 of 2008 -3- are set aside and the matter is remitted to the Superintending Canal Officer, Bhakra Water Services Circle, Sirsa, to decide the appeal filed by respondent no.4, afresh and in accordance with law, within three months. Parties are directed to appear before the Superintending Canal Officer, on 07.09.2010. No order as to costs. July 13, 2010 (RAJIVE BHALLA) nt JUDGE `