Civil Writ Petition No. 2311 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2311 of 2010 Date of Order: 13.07.2010 Dera Baba Daulat Giri through its Mahant Shambhu Giri ....Petitioner Versus Divisional Canal Officer, Kaithal, Water Services Division, Kaithal and others. ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Rajinder Goyal, Advocate for the petitioner RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 30.06.2009, passed by the Sub Divisional Canal Officer, Kaithal, directing the restoration of a water course AB and the order dated 07.09.2009, passed by the Divisional Canal Officer, Kaithal, dismissing the appeal filed by the petitioner. Counsel for the petitioner submits that the water course AB was a temporary water course as defined under Section 2(12) of the Haryana Canal and Drainage Act, 1974 (hereinafter referred to as the Act). In view of the proviso to Sub-section 2 of Section 24 of the Act, a temporary water course can be restored for a period of one year. The Sub Divisional Canal Officer, has, therefore, committed an error in restoring the water course in perpetuity. I have heard counsel for the petitioner, perused the impugned orders and find no reason to hold that the impugned orders suffer from any Civil Writ Petition No. 2311 of 2010 -2- error. A perusal of the impugned orders and the grounds of appeal, filed before the Divisional Canal Officer discloses that the petitioner did not raise a plea that the water course AB was a temporary water course and cannot be restored for more than one year. The petitioner, therefore, cannot be permitted to raise this plea, based upon facts, for the first time before this Court. Even otherwise, the petitioner has failed to place any material on record to even remotely suggest that the water course AB is a temporary water course as defined under Section 2(12) of the Act. No merit. Dismissed. July 13, 2010 (RAJIVE BHALLA) nt JUDGE