HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17795 of 2010 (O&M) Date of Decision: 25.07.2011 **** Surinder Pal Singh Chadda & Anr. . . . . Petitioners VS. Superintending Canal Officer, Amritsar & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Ashish Aggarwal, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners are aggrieved by the orders dated 22nd July, 2009 and 29th April, 2010 (Annexures P1 & P2, respectively) whereby the agricultural land of the private respondents has been transferred from outlet No.38000 to 43900 to outlet No.40000. The original order (Annexure P1) passed by Divisional Canal Officer (DCO) has been further upheld by the Superintending Canal Officer. A perusal of the impugned orders would reveal that the Canal Authorities came to the conclusion that the subject area is upstream from the head Mogha due to which the condition of the irrigation in the land had become pitiable. The request of the private respondents to transfer their land to outlet 40000 has accordingly been accepted. CWP No.17795 of 2010.doc - 2 – (2). The impugned orders neither affect the irrigation facilities being already drawn by the petitioners from the existing outlet, nor these orders deprive them to seek re-alignment or transfer of their land to some other outlet. If the petitioner’s irrigation has been adversely affected in any manner, they can also seek the remedy as may be available in law. As regards the pending civil suit wherein the title question is stated to be pending, suffice it to mention that the orders passed by the Canal authorities have no bearing and the parties shall be at liberty to get the title issue resolved through the Civil Court. (3). With these observations and directions, the writ petition stands disposed of. (4). Dasti . 25.07.2011 vishal shonkar (S u r y a K a n t) Judge 2