C.W.P. No. 15362 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 15362 of 2011 Date of Decision:- 15.11.2011 Jagminder Singh .....Petitioner Versus State of Haryana and others .....Respondents C.W.P. No. 20892 of 2011 Ranbir .....Petitioner Versus Commissioner, Hisar Division, Hisar District Hisar and another .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. Salil Bali, Advocate for petitioner (in CWP No. 15362 of 2011) and for respondent No. 2 (in CWP No. 20892 of 2011) Mr. Ajay Kumar Gupta, Advocate for respondents No. 1 and 2. Mr. A.K. Bura, Advocate for petitioner (in CWP No. 20892 of 2011) and for respondent No. 3 (in CWP No. 15362 of 2011) **** SATISH KUMAR MITTAL, J(Oral). This order shall dispose of CWP No. 15362 of 2011 filed by Jagminder Singh s/o Inder Singh and CWP No. 20892 of 2011 filed by Ranbir s/o Bhale. Both the writ petitions have been filed against the common order dated 27.7.2010 passed by the Commissioner Hisar Division, Hisar exercising the powers of Director Consolidation under Section 42 of the C.W.P. No. 15362 of 2011 2 East Punjab Holdings, (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act'). By the said order on an application filed by Jagminder Singh, the water course has been provided from Khasra No. 225//16-17, the land belonging to Ranbir-petitioner and he has been provided the equal land from Khasra No. 23 towards east towards Khasra No. 24 (land belonging to Jagminder Singh). During the course of arguments counsel for both the parties have agreed that under Section 42 of the Act, the Director Consolidation has no jurisdiction to provide water course from the land of persons. The said jurisdiction vests with the Canal Authorities under the Haryana Canal and Drainage Act, 1974 and that too on an application filed by the aggrieved party. In view of said legal position, both the counsels have agreed that the impugned order be set aside and petitioner Jagminder Singh, if he wants water course may apply to the Canal Authorities for providing of water course in accordance with law. In view the aforesaid, both the writ petitions are allowed and the impugned order is set aside and the parties are left to seek their redressal with regard to their water course before the the Canal Authorities under the Haryana Canal and Drainage Act, 1974 ( SATISH KUMAR MITTAL) JUDGE 15.11.2011 ( PARAMJEET SINGH ) reema JUDGE