C.W.P.No.12855 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.12855 of 2011(O&M) Date of decision : 21.12.2011 Gurmail Singh ....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present : Mr. J.S.Thind, Advocate for the petitioner Mr. Sunil Nehra, Sr. DAG, Haryana Mr. Deepak Gupta, Advocate for respondent no.4. MAHESH GROVER, J. I have considered the matter in detail. Initially the respondents filed an application before the Sub Divisional Canal Officer with a grievance that the water course which existed since the time of consolidation has been dismantled by the petitioner. The Sub Divisional Canal Officer opined as follows:- “The case is examined through by & after hearing both the parties in the detail is appeared that water course AB as shown in the Khaka Plan was left in consolidation & was running for the irrigation of the land of applicant and no other water course for his irrigation exists at site. Therefore, the said water course through Rect./Killa No. 33/4-5 northern side is ordered to be get restored in its original condition without any delay. C.W.P.No.12855 of 2011(O&M) 2 Decision be conveyed.” The uncle of the petitioner who is his co-sharer filed an appeal against this order which was dismissed. Thereafter, the brother of the petitioner who was also a co-sharer with him filed a civil suit with a prayer that there was no water course through the suit land and the order dated 3.4.2003 passed by the Sub Divisional Canal Officer and the subsequent orders were wrong, erroneous and not binding upon the parties. The suit was dismissed. An appeal preferred against the order of the learned Trial Court was also dismissed. The petitioner then thereafter again dismantled the water course of the respondent no.4 which prompted him to file an application before the grievance committee who passed an order Annexure P-1 that the grievance of the complainant (respondent) be removed immediately and report of the same be submitted in the next week. It is to be noticed that the specific grievance of the respondent no.4 before the grievance committee was that the water course which has been left in the consolidation area had been demolished un-authorizedly. After evaluating the facts, I am of the considered opinion that the approach of the petitioner is simply obstructionist and he has sought to defeat the orders of the various authorities by taking law into his own hands. Consistently there has been a finding recorded that the water course has existed since the time of consolidation and the respondent was beneficiary therefrom. The petitioner and his co-sharer for some reason or the other demolished his water course un-authorizedly leaving the respondent no.4 to fend for himself before different fora. Even now when the grievance committee made an attempt to remove the grievance of the respondent and C.W.P.No.12855 of 2011(O&M) 3 had given a direction for necessary compliance in this regard, the petitioner has filed the instant petition which is completely frivolous. For the aforesaid reasons when the petitioner and his co-sharers have been obstructing the course of law and have also taken recourse to unwelcome process of taking law into their own hands by demolishing the water course un-authorizedly, I am of the considered opinion that the petitioner deserve to be proceeded against and criminal prosecution needs to be lodged against them. At this stage, it has been pointed out that FIR in this regard has been registered against the petitioner. If that be so, the process of prosecution be expedited and the matter be taken to its logical end without any further delay. The petition being frivolous and the conduct of the petitioner being reprehensible, the same is dismissed with costs of Rs. 50,000/- which shall be deposited before the Haryana Legal Services Authority. The CJM,Sirsa shall ensure that the costs are recovered from the petitioner. The prayer of the learned counsel for the petitioner to withdraw the petition is specifically declined. December 21, 2011 (Mahesh Grover) rekha Judge