CWP No.2780 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.2780 of 2010 Date of Decision: 28.4.2010 Taz Mohd. .....Petitioner Vs. The Superintending Canal Officer, Patiala Circle, IB, Patiala and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.G.N. Malik, Advocate for the petitioner. Mr. S.S. Sahu, AAG, Punjab for respondents no.1 and 2. Mr.Vijay Sharma, Advocate for respondents no.3 and 4. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 17.12.2009 and 10.6.2009, passed by the Superintending Canal Officer Patiala Circle, IB, Patiala and the Divisional Canal Officer, Lehal Division, IB, Patiala. On 3.3.2010, the following order was passed :- Affidavit filed on behalf of Tej Mohd son of Roshan Khan r/o Village Naraingarh Tambuya, Tehsil Nabha, District Patiala, in Court today is taken on record. Para 2 of the affidavit reads as follows: - “That the dependent is in possession of half share in killa no.23(23/1 in possession of deponent and CWP No.2780 of 2010 2 23/2 in possession of private respondents) and killa no.3 (no.3/1 in possession of deponent and 3/2 in possession of private respondents). It is pertinent to mention here that deponent is not in possession of killa no.19,18,8 and 12. All the above mentioned killa no.are adjoining to the land of the deponent.” Counsel for the private respondents submits that in case, the petitioner abides by the terms and conditions of his affidavit, they would have no objection, if he is provided a water course, at point 'G to H' from the common watt of Khasra no.19-20 subject however to a demarcation of the aforementioned khasra numbers, so as to determine whether the petitioner is in unauthorised occupation of any portion of the land belonging to the private respondents. Notice of motion for 28.04.2010. At the asking of Court, Mr.S.S.Sahu, AAG, Punjab, accepts notice on behalf of respondents no.1 and 2 and prays for time to file reply/seek instructions.” Counsel for the petitioner and counsel for respondents no.1 and 2 pray that in view of the affidavit filed by the petitioner and the statement made by counsel for respondents no.1 and 2 on 3.3.2010, the writ petition be allowed, the impugned orders be set aside and the matter be remitted to the Divisional Canal Officer, Lehal Division, IB, Patiala, to decide the matter afresh, after taking into consideration the affidavit of Taj Mohd. S/o Roshan Khan r/o Village Naraingarh Tambuya, Tehsil Nabha, Distt.Patiala CWP No.2780 of 2010 3 dated 3.3.2010 and the statement of the parties recorded in the order dated 3.3.2010. In view of what has been stated herein above, the writ petition is allowed, orders dated 17.12.2009 and 10.6.2009, passed by the Superintending Canal Officer Patiala Circle, IB, Patiala and the Divisional Canal Officer, Lehal Division, IB, Patiala, are set aside and the matter is remitted to the Divisional Canal Officer, Lehal Division, IB, Patiala, to decide the matter afresh, in accordance with the terms and conditions of the affidavit dated 3.3.2010 and the order dated 3.3.2010. Parties are directed to appear before the Divisional Canal Officer, Lehal Division, IB, Patiala, on 27.5.2010. 28.4.2010 (RAJIVE BHALLA) GS JUDGE