Civil Writ Petition No. 12062 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 12062 of 2007 Date of decision: 04.09.2008 Nachattar Singh and another ........Petitioners Versus State of Punjab and others .......Respondents Coram: Hon'ble Mr. Justice J.S.Khehar Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Ms Lisa Gill, Advocate for the petitioners Mr. Parveen Chander Goyal, Sr. DAG, Punjab for respondents No. 1 to 3 Mr. P R Yadav, Advocate for respondent No. 4 Mr. Kunal Singh, Advocate for Mr. G S Kaura, Advocate for respondent No. 6 None for respondents 5 and 7 -.- J.S.Khehar , J. (Oral) None has appeared on behalf of respondents No. 5 and 7, despite service. They are, accordingly, proceeded against ex-parte. Through the instant writ petition, the petitioners have impugned the order dated 18.07.2007 (Annexure P-1) passed by the Superintending Canal Officer, Sirhind Canal Circle, Ludhiana, allegedly on the basis of a compromise executed between the petitioners on the one side and respondents No. 4 to 7 on the other. The solitary contention of the Civil Writ Petition No. 12062 of 2007 2 learned counsel for the petitioners is, that the petitioners never entered into any compromise in respect of the location of the canal. It is also asserted on behalf of the petitioners, that the alleged compromise, referred in the impugned order, does not bear the signatures of the petitioners. The aforesaid factual position is not disputed by the learned counsel representing respondent no. 4. In the aforesaid view of the matter, it is apparent, that no compromise was ever executed between the petitioners on the one side and respondents No. 4 to 7 on the other. In view of the above, the impugned order dated 18.07.2007, which is solely passed on the alleged compromise executed between the parties, is liable to be set aside. Accordingly, the impugned order dated 18.07.2007, is hereby set aside. The Superintending, Canal Officer, Sirhind Canal Circle, Ludhiana, is directed to re-adjudicate the matter afresh, in accordance with law. Parties are directed to appear before the Superintending, Canal Officer, Sirhind Canal Circle, Ludhiana, on 29.09.2008. The writ petition stands disposed of in the aforesaid terms. [J.S.Khehar] Judge [Nirmaljit Kaur] Judge September 4, 2008 mohan