IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 14095 of 2010 Date of decision : 01.08.2011 Balbir Singh and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. D.S. Gurna, Advocate, for the petitioners. Mr. N.D.S. Mann, Addl. AG, Punjab for the State. Mr. Rajinder Goyal, Advocate for respondents No. 4 to 6. **** RANJIT SINGH J. The respondents being share holders in outlet No. 60812- L on Doomwali minor prayed for sanction of new outlet at point 60802-L. Divisional Canal Officer (DCO) allowed their application on the sole plea that water courses are long and are suffering breaches as the discharge of the water was large. The grievance of the petitioners is that their plea that if at all new outlet is to be sanctioned that should be sanctioned on the right side of the minor as 250 acre of the land lie on the right side of the minor and the irrigation water is taken to that side through the syphon beneath the minor. Plea was that the syphon being old remains closed and the land on the right side of the minor is not getting proper amount of water. The petitioners approached the SCO against the order passed by the DCO and the matter was remanded to the DCO for deciding afresh. The petitioner would contend that DCO has again Civil Writ Petition No. 14095 of 2010 -2- passed a similar/identical order giving the same reason. The petitioners again approached the SCO, who has rejected their plea. The petitioners would attribute this to the change of officer, who according to them, did not consider this aspect. Reply has been filed and it is urged that the impugned order has been passed after considering all the aspects. The Court while issuing notice of motion has noticed the contention that the Divisional Canal Officer has failed to decide the plea raised by the petitioners that the water course should be sanctioned on the right side of Doomwali minor. The Court has also directed the parties to maintain status quo with respect to the opening of a new outlet. It appears that this plea of the petitioners has not been considered. It will not be appropriate for this court to make a comment on merits of this plea. The plea once raised should have invited attention and an appropriate order. I would, therefore, deem it appropriate to remand the case back to DCO, who should consider only this aspect of the plea as raised and pass any appropriate order in accordance with law. It is made clear that this Court has not expressed or considered this plea on merit in any manner. It will be entirely open to the DCO and SCO to decide in accordance with law on the basis of factual position. The writ petition is disposed of with the above directions. Parties through their counsel are directed to appear before the DCO on 30.08.2011. The DCO shall make endeavour to complete the Civil Writ Petition No. 14095 of 2010 -3- entire proceedings within a period of four months from the date of receipt of copy of this order. August 01, 2011 (RANJIT SINGH) rts JUDGE