Back
RAJESH BHARDWAJ
Sonu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Rajesh Bhardwaj, J.
Present writ petition has been filed for quashing the impugned order dated 30.03.2018 (Annexure P-5) passed by respondent No.2 against the petitioner, illegally and without appreciating the facts on record and upheld the order dated 15.11.2017 passed by respondent No.3. Further prayer has been made for staying the impugned order dated 30.03.2018 (Annexure P-5).
2. The present case has emanated from the order passed by the learned Superintending Canal Officer dated 30.03.2018 (Annexure P-5) whereby he has set aside the order passed by the learned Sub Divisional Canal Officer dated 27.01.2017 and the learned Divisional Canal Officer dated 15.11.2017. The petitioner had filed the petition under Section 24(1) of the Haryana Canal and Drainage Act, 1974 (hereinafter referred to 'the Act') for restoring the water course in the area No.96/5-6-15 Middle Edge which was from South to North on Outlet RD-11535-TL Prabhuwala Minor, Village Prabhuwala. The petition filed by the petitioner was accepted by the learned Sub Divisional Canal Officer vide his order dated 27.01.2017. Aggrieved by the same, respondents No.5 and 6 filed an appeal under Section 24(4) of the
The Superintending Canal Officer's order modifying restoration of a water course was deemed arbitrary and illegal, reaffirming the petitioner's rights under Section 24(1) of the Haryana Canal and Dra....
Fields of parties has been continuing for last 32 years, and thus, after lapse of such a long period, petitioner cannot raise any objection.
The central legal point established in the judgment is the requirement to prove the existence of a water course by means of prescription and sanctioned warabandi under the Haryana Canal and Drainage ....
The main legal point established in the judgment is that the orders passed by the Executive Engineer and Superintending Engineer were not sustainable as they violated the provisions of the Rajasthan ....
The Superintending Irrigation Officer has the authority to modify or revise the order passed by the Divisional Irrigation Officer, and adherence to the statutory procedure and consideration of the in....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
