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2015 Supreme(P&H) 2275

PARAMJEET SINGH
TELU RAM – Appellant
Versus
SUPERINTENDING CANAL OFFICER, BHAKRA WATER SERVICES CIRCLE-I, HISAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R.N. Lohan, Advocate
For the Respondent:Sandeep S. Mann, Ms. Harpriya Khaneka, Advocate

JUDGMENT :

Paramjeet Singh, J.

Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 16.05.2012 (Annexure P-4) passed by respondent No.1-Superintending Canal Officer and the order dated 03.11.2011 (Annexure P-2) passed by respondent No.3-Deputy Collector, Water Services Division, Hansi.

2. Brief facts of the present case are to the effect that respondent No.4-Ram Phal moved application to the Sub Divisional Officer, Water Services, Hansi that bharai-jharai (residue) be given to his fields. In pursuance of the application, matter was referred to the Deputy Collector, Hansi, W/S Division Hansi under Section 55 of the Haryana Canal and Drainage Act, 1974 (hereinafter referred to as 'the 1974 Act'). The case was got investigated through Ziledar, who made recommendations in favour of applicant-respondent No.4. Vide impugned order dated 03.11.2011 (Annexure P-2), respondent No.3- Deputy Collector after considering the statements came to the conclusion that respondent No.4 is entitled for jhara at the inter-section of Naka taking point 69/24 x 70/5 and Naka giving point (delivery) 89/1 x 9. Thereafter, the petitioner prefer




































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