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1975 Supreme(P&H) 119

S.S.SANDHAWALIA, PREM CHAND JAIN
Bant Singh – Appellant
Versus
Man Singh – Respondent


Judgment

PREM CHAND JAIN, J.

1. Bant Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction, quashing the orders of the Deputy Collector, Abohar, Divisional Canal Officer, and the Superintending Canal Officer, dated 19.02.1970, 30.07.1970, and 9.02.1971 (copies Annexures B , C and E to the petition respectively), and also the order of the Superintending Engineer, dated 6th November, 1969 which had been approved earlier by the Chief Engineer, on 27th October, 1969, as contained in Annexure A to the petition. The facts of this case as given in the petition may briefly be stated thus:-

2. The petitioners and respondents 1 to 3 are co-sharers in outlet at RD No. 31970/Tail Right. This outlet is on Khunan Minor which is 7 miles in length. Formerly the irrigation at Khunan Minor was 40% and later it was raised to 60%. Under the new scheme which has now been sanctioned, the irrigation has to be raised to 90% by remodelling the channel, that is, the Khunan Minor. Its banks will be raised 2 1/2% feet and its bed will also be widened to draw 50% more water. This remodelling of the outlet has



































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