C.W.P. No.11588 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11588 of 1992 Date of Decision : 26.04.2011 Jai Chand …Petitioner Versus Bhagwana Ram @ Harbhagwan and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Ms. Kamalpreet Kaur, Advocate for the petitioner. *** AJAY TEWARI, J. (ORAL) This petition has been filed against the order dated 02.06.1992 passed by the Divisional Canal Officer, Sirsa allowing the appeal against the order of the Sub-Divisional Canal Officer at the instance of respondents No.1 and 2. The facts in brief are that the petitioner had moved an application under Section 24 of the Haryana Canal and Drainage Act, 1974 before the Sub-Divisional Canal Officer praying that a dismantled water course be restored to its original condition. The C.W.P. No.11588 of 1992 -2- Sub-Divisional Canal Officer after inspecting the site and satisfying himself about the correctness of the stand of the petitioner had allowed the application. In an appeal filed by the respondents the order of the Sub-Divisional Canal Officer was set aside by the Divisional Canal Officer on 02.06.1992 on the ground that the respondent No.2 has agreed to provide an alternate water course. Learned counsel for the petitioner has placed reliance on the authorities i.e. 1975 P.L.J. 1980 and 1996 (1) R.R.R. 533 to argue that the existence of an alternate water course cannot be a ground to dismantle the original water course. This position is unexceptionable in law. However, I find that the operation of the impugned order was not stayed. This writ petition has now been pending since 1992. Learned counsel for the petitioner has very fairly stated that she had written a letter to the petitioner but has received no response. In the circumstances, the possibility that the petitioner may now be satisfied with the impugned order cannot be ruled out. Resultantly, I dismiss this writ petition. However, liberty is granted to the petitioner to move an application for recalling this order in case anything survives in the petition. ( AJAY TEWARI ) April 26, 2011 JUDGE ashish