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 suggestions (if any). The notices are stated to have been served in terms of Rule 96 of Canal Act and the matter was placed before learned DCO, who after considering the matter, passed an order dated 19.12.2023 (Annexure P-1), directing sanctioning of alignment of watercourse 'AB' on the northern side of Rect./Killa No. 110//3/2 under Section 18 (2) of 1974 Act, by holding as under :-

“I have heard the arguments of applicant as well as of respondent, who came present in the court at the time of hearing of this case. Khaka plan and other relevant record placed before the court has been perused. It has been observed that some area of the applicant falls in rectangle/killa No. 106//17/2, 24 for which, no watercourse is available at site. So the demand of the applicant to sanction the alignment of water course A-B for irrigation to his area on the basis of compensation is considered as genuine. Hence the alignment of watercourse A-B on the northern side of rectangle/killa No. 110/3/2 is hereby sanctioned Under Section 18 (2) of Haryana Canal and Drainage Act, 1974 on the basis of compensation subject to the condition that the amount of compensation for the land to be used for construction of water course A-B shall be paid by the applicant to the respondent in accordance with the provision of Section 21 of Haryana Canal & Drainage Act, 1974. Hence the scheme as published is hereby approved in the interest of development of canal irrigation. The decision be conveyed to all concerned accordingly.”

2.3 It transpires that one Shri Roshan Lal (son of petitioner-Baru Ram) challenged aforesaid order dated 19.12.2023 (Annexure P-1) by filing an appeal before learned Superintending Canal Officer (in short 'SCO'), which was dismissed, vide order dated 08.08.2024 (Annexure P-2) by holding as under :-

“It is evident from the parat warabadi that taking point of the respondent Ravinder S/o Suber Singh at serial No. 27 is fixed a point Rect./Killa No. 110//2x8 with 16 Minute bharai for 2 Killa length as per approved parat warabandi of outlet RD-11000-L New Siwani Minor of dated 26.08.2002. Thus it is clear that prior to its demolition this watercourse 'AB' was running along northern line of rect./Killa No. 110//3/2 and the same was previously restored on temporary basis. Since there is no other source of irrigation for the land located in rect./killa No. 106//17/2 & 24. Accordingly in the interest of irrigation development of the area the demanded watercourse along northern line of rect / killa No. 110//3/2 is hereby sanctioned on compensation basis. A case for payment of compensation as well as acquisition of land under section 21 of Haryana Canal & Drainage Act 29 of 1974 is to be framed by the trial court after collecting the Collector rates from the Collector Fatehaba