CWP No.3337 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3337 of 1990 DATE OF DECISION: March 25, 2011 GURDIAL SINGH AND OTHERS ...PETITIONERS VERSUS SUPERINTENDING CANAL OFFICER, PATIALA ...RESPONDENTS CIRCLE, IRRIGATION BRANCH, PATIALA AND ORS. CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. AKSHAY BHAN, ADVOCATE FOR THE PETITIONERS. MS. REETA KOHLI, ADDL.A.G., PUNJAB. K.KANNAN, J.(ORAL) 1. The petitioners claim to be persons in possession of canal land to an extent of 83 acres in District Bathinda at that time which now is in District Mansa. The District Canal Officer vide order dated 26.5.1989, made a recommendation for conversion of the whole of 83 acres into a 'Command Area' vide Annexure P-1. This order was modified subsequently by the Superintending Canal Officer on 3.11.1989, to the extent that 70 acres would receive canal irrigation and 13 acres would be declared as 'Uncommand Area'. 2. The issue, whether this could be kept out of the reckoning from the canal irrigation, cannot survive consideration now by the statement of facts that existed in the year 1990. If the petitioners could show any right as subsisting in their favour, the demand for such irrigation could be made through an appropriate representation. On fresh consideration of facts CWP No.3337 of 1990 -2- appropriate on the representations which, if made, will be disposed of by the competent authority in accordance with law. 3. I do not find that the prayer in the writ petition would require consideration on merits at this length of time and the same is disposed of with liberty to the petitioners mentioned above. March 25, 2011 (K.KANNAN) Gulati JUDGE