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2023 Supreme(P&H) 641

RAJESH BHARDWAJ
Mangat Ram – Appellant
Versus
Chief Canal Officer Haryana – Respondent


Advocates appeared:
Mr. Onkar Chauhan, Advocate for the petitioner.
Mr. Rajneesh Chadwal, AAG, Haryana.
Mr. Surjit, Advocate for Mr. Vikram Singh, Advocate for respondent No.5.

RAJESH BHARDWAJ, J.

1. Present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of orders dated 21.10.2014 (Annexure P-5), 05.06.2014 (Annexure P-4), 03.04.2014 (Annexure P-2) and 30.01.2014 (Annexure P-1), passed by respondents No.1 to 4, respectively.

2. It has been contended by learned counsel for the petitioner that during consolidation, respondent No.5 and other co-sharers had the sanctioned water course from outlet No.34750-R and this water course was being used for irrigation purposes since consolidation. To harass the petitioner, petition was filed by respondent No.5 for restoration of water course. Respondent No.4 vide his order dated 31.07.2013 had ordered for restoration of water course under Section 24(2) of Haryana Canal and Drainage Act, 1974 (for short ‘the 1974 Act’) for a period of one year. Aggrieved by order dated 31.07.2013, the petitioner as well as respondent No.5 both filed their separate appeals before respondent No.3. On hearing both the appeals, respondent No.3 passed the order after taking into consideration the water course allotted to respondent No.5 and other co-sh

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