Civil Writ Petition No. 18350 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 18350 of 2009 Date of Order: 13.01.2010. Puspa Rani ....Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Shalender Mohan ,Advocate for the petitioner RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 27.11.2007, 24.12.2008 and 15.07.2009, passed by the Sub Divisional Canal Officer, Tohana, the Divisional Canal Officer, Tohana and the Superintending Canal Officer, Hisar, respectively, declining her request for restoration of a water course situated in the middle line of killas no.18 and 23. Counsel for the petitioner submits that on the night intervening 26/27th July, 2007, the private respondent demolished the water course and constructed a kotha. The finding returned by the authorities that the water course does not exist is incorrect as it is belied by the site plan, Annexure P-4, which clearly establishes the existence of the water course. The water course was initially demolished in the year 1986 but pursuant to an agreement between the petitioner's husband and the private respondent, they were allowed to use the water course. The official respondents have Civil Writ Petition No. 18350 of 2009 -2- disregarded the site plan prepared by the patwari, thereby rendering these orders null and void. I have heard counsel for the petitioner, perused the impugned orders and find no reason to hold in favour of the petitioner or to hold that the official respondents have committed any error in rejecting the petitioner's request for restoration of the water course. The Divisional Canal Officer and the Superintending Canal Officer have recorded a finding that similar applications were dismissed in the years 1987 and 1988. A submission made by counsel for the petitioner that after the dismissal of these applications, the water course was restored by a mutual agreement, remains unubstantiated for want of any evidence. The site plan allegedly prepared by the halqa patwari to show that the water course is contrary to the record, and appears to be of doubtful authenticity. Dismissed. January 13, 2010 (RAJIVE BHALLA) nt JUDGE