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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Baru Ram – Appellant
Versus
Divisional Canal Officer, Tohana Water Services Division, Tohana, District Fatehabad – Respondent
JUDGMENT :
HARSH BUNGER, J.
1. Prayer in this civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside order dated 02.07.2025 (Annexure P-4), passed by learned Divisional Canal Officer, Tohana (in short 'DCO') as well as letter dated 21.10.2025 (Annexure P-5) and letter dated 30.10.2025 (Annexure P-6) alongwith all proceedings for sanctioning watercourse on the basis of compensation at outlet No. 11000-L, New Siwani Minor, village Dehman (Bhuna) in Rect./Killa No. 110//3/2.
2. Briefly, respondent No. 3, Shri Suber Singh filed an application before the canal authorities under Section 18 of Haryana Canal and Drainage Act, 1974 (in short '1974 Act'), seeking sanctioning of alignment in respect of watercourse 'AB' in the chak of outlet RD-11000-L, New Siwani Minor, village Dehman, Tehsil Bhuna, District Fatehabad.
2.1 Thereafter, the matter was got investigated through Sub Divisional Canal Officer, Uklana (in short 'SDCO'), who prepared a draft scheme and recommended for its sanction.
2.2 On receipt of the scheme, notices were issued to all concerned parties for inviting their objections or
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 ....
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.
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