IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. CWP No.5058 of 2006 Date of decision: 17.12.2008 Prem Kumar and another ....Petitioners. vs. Superintending Canal Officer and others ..Respondents CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR. HON'BLE MS.JUSTICE NIRMALJIT KAUR. --- Present: Mr.J.S.Thind, Advocate, for the petitioners. Mr.B.S.Rana, Addl.A.G.Haryana,a for respondent Nos. 1 to 3. Mr.Sandeep Punchhi, Advocate, for respondent No.4. -- J.S.KHEHAR,J. (Oral) Learned counsel for the petitioners vehemently contends that the order dated 1.12.2005 (Annexure P5), passed by the Superintending Canal Officer, was passed against the petitioners without any notice to them and without affording any opportunity of hearing to them. When confronted with the aforesaid factual position, learned counsel for the respondents could not repudiate the same. In view of the acknowledged position that the impugned order dated 1.12.2005 (Annexure P5) was passed against the petitioners wherein the petitioners' rights were adversely affected without issuing any notice them or affording any opportunity of hearing to them, we are satisfied, that the same deserves to be set aside. The impugned order dated 1.12.2005 (Annexure P5) is accordingly set aside, and the parties are relegated to the Superintending CWP No.5058 of 2006 (2) Canal Officer, Sirsa, so as to enable him to afford an opportunity of hearing to the rival parties, and pass a fresh order in accordance with law. Parties are directed to appear before the Superintending Canal Officer, Sirsa, on 20.1.2009. Disposed of accordingly. ( J.S.Khehar ) Judge ( Nirmaljit Kaur ) Judge December 17, 2008 rk