95 Civil Writ Petition No17014 of 2009 1 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No17014 of 2009 r Dateof 2010 ShankarLal etitioner Versus m SuperintendingCanal Officer and others 0 Respondents U I CORAM HONBLE MR JUSTICE RAJIVE BHALLA C5 Presentl M SandeepPunchhi Advocate I for the petitioner Z Ms ShrutiJain AAGHaryana fortherespondentsnland2 2 Mr RMittal Senior Advocate with Mr Atul Gaur Advocate I for respondent no RAJIVE BHALLA J Z 00 The prays for issuance of a writ in the nature of 7 certiorari for quashing orders dated 0062009 072009 and Z 1092009 passedby the Sub Divisional Canal Officer Bhattu Water ServiceSub Division Bhattu Divisional CanaI Omcer Fatehabad Water ServicesDivision Fatehabad and Superinterding Canal Omcer Bhakra VVaterService Circle NoI Hisar respectively Counselfor the petitioner confines his argumentto a pleathat as an orderpassedbythe Divisional Canal OMcer is revisableunder Section 2031of the HaryanaCanal and DrainageAct 1974 lereinafter referredto as the Actlthe Canai Officer has erred in dismissingthe revision as notmaintainable It is arguedthat thoughSection 24Il of the Act that an order passedby the Divisional Canal OHicer in Uma 2014.04.21 15: 18 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 96 Civil Writ Petition No17014 of 2009 e J Il mattersrelatingto restorationof a water course is final but Section 20 of the Act confers suo motu powers on the Chief Canal Officer and the Canal Officer to call for the record of any case pending before or disposedof by any subordinateauthoritySection 2441of the Act therefore cannot be read so as to oust the suo motu powersconferred by Section 2031of the Act CounseI for the respondent no submits that as Section 2441of 0 the Act providesthat an order passedby the Divisional Canal Officer IS 0 final the provisionsof Section 2031 cannot be invoked to confer 0 upon the Chief Canal Officer or the Superintending Canal I C9 Officer to examine matters decided under Section 24 of the Act I have heard counsel for the paniesand perusedthe impugned Z orders The Superintending Canal OMcer dismissed the revision filed by thepetitionerby holdingthat as Section 2441of the Act providesthat an I 3 order passedunder Section 24 of the Act is final the revision is not Z maintainableSection 2441of the Act reads as followsv 00 24 Restoration of demolished or altered etc V7 Watercourses Z 1 xx XX xx 2 xx xx XX 3 xx xx XX 4 Any person aggrievedby the order of the SubDivisional Canal Officer may prefer an appeal within fifteen daysof the passingof such order to the Divisional Canal Oicer whose decision on such appealshali be final 5 xx 1X xx Section 2441of the Act postultes that decisicn of the Divisional Uma 2014.04.21 15: 18 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 97 1 Civii Writ Petition No17014 of 2009 e3 Canal Officer shall be final Section 20 of the Act titled as Appealand Revision however confers by way of sutsectior a suo motu power upon the Chief Canal Officer and the Canal Omcer to call for the record of any case pendingbefore or disposedof bya subordinateauthorityThe power so conferred is akin to a power of revision and takes within its ambit the powerof and control L Section 2031of the Act reads as follows 0 204ppeal and revisionl 0 1 xx xx XX I C5 2 xx Xx xx I 3 The Chief Canal Officer or the Z Superintending Canal Officer may suonotu call for the record of any case pendingbefore or disposedof r by any subordinate authorityfor the purpose of I satisfyinghimself as to the Iegality or proprietary of any Z proceeding or of any order made thereinand may pass co such order in relationtheretoas he maylhinkfit V7 Provided that no such order shall be made without Z affordingthe person aHected an opportunity of being hear The suo motu power conferred by Section 2031 of the Act empowersthe Chief Canal Officer and the Canal Officer lt to call for the record of any case pendingbefore or disposedof by any subordinate authorityfor the purposeof satisfyitig himself as to the Iegaiityor proprietaryof any roceedingsor of any order made 1 therein 11 J Uma 2014.04.21 15: 18 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 98 0 Civil Writ Petition No17014 of 2009 4 7 The suo motu powers so conferred are plenaryin nature and enable a Superintending Canal Omcer or a Chief Canal Omcer to examine the Iegalityor proprietary of any case pendingbefore or disposedofby a subordinateauthorityThe plenarypowers conferred by Section 2031of the Act cannot in my considered opinionbe assigneda restrictive much Iess by reference to Section 2t41 of the Act The argument that as Section 2441 attachesfinalityto an order passedbythe Divisional Canal OHicer thoughtrue disregardsthe suo4notu power conferred upon the Chief CanaI Omcer and the Canal Officer by Section 2031of the Act If suonotu powers conferred upon 0 C4o the Chief CanaI Officer and the Canal Officer were I C5 intendedto exclude appraisalof orderspassedunder Section 24 of the Act I the Iegislaturewould have while enactingSection 2031 of the Act Z excluded orders passedunder Section 2lll from the purviewof SUO motu powers In the absence of any statutoryimpedimentprohibiting the r Chief Canal Officer or the Canal Officer from examining the I correctness of an order passedby the Divisional Canal OHicer under Z Section 24 of the Act it necessarilyfollows that an order passedby a CO Divisional Canal Officer under Section 24Il of the Act is final subject however to scrutiny by the Canal Omcer or the Chief 7 Z Canal Officer in accordance with the suonotu powers conferred by Om Section 2031of the Act In view of the enunciation of Iaw the revision filed by the petitioner before the Canal ONicer was maintainabieand could not have been dismissed as not maintainable The writ petitionis therefore parllyallowed the order passedby the Superintending Canal Officer is set aside and the matter is remittedto the Superintending Canal Officer to decide the revISion flled by the petitionerafresh within three months from receiptof a certied copy of this order 1 Uma 2014.04.21 15: 18 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 99 Civil Writ Petition N17014 of 2009 m5 1 Parties are directed to appear before the Superintending Canai OfOce on 31 1201 1 C tIlU t 2010 RAJIVE BHALLAI nt JUDGE i 0 0 I C5 I Z I t Z 00 7 Z Om 1 1 Uma 2014.04.21 15: 18 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document