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2009 Supreme(P&H) 1858

S.S.SARON
Suresh Kumar – Appellant
Versus
Chief Canal Officer/l. W. S. U. , Irrigation Department, Panchkula – Respondent


Judgment

S.S.Saron, J.

1. This petition under Articles 226/227 of the Constitution of India has been filed seeking quashing of the order dated 29.1.2008 (Annexure-P.8) passed by the Chief Canal Officer, Panchkula (respondent No.l) whereby the order dated 12.7.2007 (Annexure-P.7) passed by the Superintending Canal Officer, Y.W.S. Circle, Rohtak (respondent No.2) has been set aside.

2. Pardeep Kumar (respondent No.7) filed an application (Annexure-P.1) on 19.6.2003 before the Divisional Canal Officer, Rohtak (respondent No.3) for sanction of water course A-B as depicted in the site plan (Annexure-P.9) on compensation basis in the Chak of outlet RD No.l0650-L Madina Minor, Village Bahu Akbarpur, Tehsil and District Rohtak from the land comprised in rectangle No.38, Khasra No.24. 25/1 and 25/2. It was claimed by Pardeep Kumar (respondent No.7) that the said water course A- B is suitable for the irrigation of his fields and he was also utilizing this water course for the last 50 years. The Divisional Canal Officer, Rohtak (respondent No.3) on 10.2.2004 recorded the statement (Annexure-P.2) of Pardeep Kumar (respondent No.7) wherein he reiterated his prayer for sanction of water course fr













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