Civil Writ Petition No. 18257 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 18257 of 2008 Date of decision: 22.10.2008 Daya Nand ........Petitioner Versus Divisional Canal Officer etc. .......Respondents Coram: Hon'ble Mr. Justice J.S.Khehar Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S S Godara, Advocate for the petitioner -.- J.S.Khehar , J. (Oral) Through the instant writ petition, the petitioner has impugned the final order passed by the Chief Canal Officer/BWSU, Irrigation Department, Haryana, Panchkula dated 20.08.2008 (Annexure P-5). A perusal of the aforesaid order reveals, that the irrigation of the area in question, is only 134%, whereas the irrigation of the outlet of the respondents is 154%, and that of the village Sanchla, is 183%. The aforesaid factual position has not been disputed by the learned counsel for the petitioner. It is, however, the contention of the leaned counsel for the petitioner, that by carving out a new outlet for the petitioner at point 'D' (as indicated in the site plan Annexure P-1), the irrigation capacity, which is presently available to the petitioner from point 'C', shall be reduced. Since the factual position of the percentage of irrigation depicted in the impugned order dated 20.08.2008 (Annexure P-5) Civil Writ Petition No. 18257 of 2008 2 has not been disputed, we are of the view, that the change of watercourse from point 'A' to 'D' for respondents No. 4 to 25, would be in the overall interest of the irrigation, even if the same as a result of reducing the quantum of irrigation presently available to the petitioner to a limited extent. The instant writ petition accordingly stands dismissed. [J.S.Khehar] Judge [Nirmaljit Kaur] Judge October 22, 2008 mohan