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2001 DIGILAW 506 (PNJ)

Sukhdev Singh v. Superintending Canal Officer, Patiala

2001-05-07

JAWAHAR LAL GUPTA, N.K.SUD

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JUDGMENT Jawahar Lal Gupta, J. (Oral) - Respondents No. 2 and 3 filed an application before the Divisional Canal Officer alleging that the present petitioners had demolished an existing water channel. They prayed for its restoration. This application was considered by the Divisional Canal Officer. Vide his order dated March 17, 1999, a copy of which has been produced as Annexure P-3 with the petition, the authority had rejected the claim of the aforesaid respondents. It was observed that on spot inspection the water channel was not found to be in existence. In fact, he found that "no signs" of the Khal existed at the spot. Thus, the petition was dismissed. Aggrieved by the order, the respondents filed an appeal before the Superintending Canal Officer. Notice of the appeal was given to all concerned including the petitioners. Written arguments were filed by both sides. After consideration of the matter, the Superintending Canal Officer accepted the appeal vide his order dated November 3, 2000. A copy of this order has been produced as Annexure P-4 with the writ petition. Aggrieved by this order, the petitioners have filed the present writ petition. They allege that the order passed by the Superintending Canal Officer is wholly illegal. Thus, they pray that the order be quashed. 2. Mr. C. M. Munjal, learned counsel for the petitioners, contends that the Khal did not exist. By the impugned order, the petitioners land would be divided into two portions. Thus, they pray that the impugned order be set aside. 3. On examination of the evidence the appellate authority has found that "the defendant (the present petitioners) admits its existence in a statement". Thus, the contention that the Khal did not exist has been rejected. It has also been noticed that the respondents had "purchased the slips regarding payment of canal revenue which are on the file". The occasion for payment would have arisen only when the water channel existed and the land had been irrigated. Still further, reference was made to the reports submitted by the various members of the field staff. It is on detailed consideration of the evidence on record that a categorical finding regarding the existence of the water channel and its demolition has been recorded. Nothing has been pointed out to show that these findings are wrong. Thus, these call for no interference. 4. Mr. It is on detailed consideration of the evidence on record that a categorical finding regarding the existence of the water channel and its demolition has been recorded. Nothing has been pointed out to show that these findings are wrong. Thus, these call for no interference. 4. Mr. Munjal contends that the petitioners land shall be divided into two portions. Thus, the Khal should not be allowed to run. We are unable to accept this contention. It is for the appropriate authority to decide as to what would be the proper place for irrigation. The level etc. have to be kept in view. If the petitioners had themselves demolished the Khal, the authorities have only acted in accordance with law and ordered its restoration. It has violated no provision of the Act. Thus, the order does not call for any interference on this account. 5. Mr. Munjal submits that the petitioners can be provided an alternative water channel running along the boundary line of the land. Such an offer should have been made before the appropriate authority. In any event, the petitioners plea was that no Khal existed. They have lost on this account. Now they are raising the plea that the alternative Khal can be provided. This is a matter which should have been agitated before the appropriate authority. If it had been so done, the matter would have been considered. Learned Counsel has produced nothing on the record to show that such an effort was made before the authority. In this situation, we cannot entertain it for the first time in proceedings under Article 226 of the Constitution. 6. No other point has been raised. 7. In view of the above, we find no ground to interfere. The writ petition is accordingly dismissed in limine. Petition dismissed.