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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Manoj – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harsh Bunger, J. (Oral)
1. Petitioner (Manoj) has filed the instant writ petition under Articles 226/227 of the Constitution of India, inter alia, for issuance of writ in the nature of certiorari, for setting aside the order dated 10.07.2024 (Annexure P-7) passed by the Superintending Canal Officer, Kaithal.
2. Briefly, respondent No.5-Krishan filed an application dated 23.10.2023 (Annexure P-1) seeking restoration of water course in the chak of outlet No.RD-14000-L Ghasso Feeder of Village Jheel. The matter was got investigated through concerned Ziledar, who after site inspection, prepared the khaka plan and submitted his report for bringing the demolished water course to its original condition. Thereafter, the notices were issued to all the concerned parties and objections/suggestions were sought.
2.1 The Sub-Divisional Canal Officer, vide its order dated 20.02.2024 (Annexure P-5) rejected the demand of respondent No.5 on the ground that another water course CD running at the site, touches the holding of respondent No.5 and his area can be irrigated through the said water course.
2.2 Being aggrieved against the afore-said order dated 20.02.2024 (Annexure P-5), respondent No
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 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....
Civil Courts lack jurisdiction to entertain matters under Sections 17 to 24 of the Haryana Canal and Drainage Act, 1974, as per Section 25, unless there is a violation of natural justice.
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....
Fields of parties has been continuing for last 32 years, and thus, after lapse of such a long period, petitioner cannot raise any objection.
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