JUDGMENT :

HARSH BUNGER, J.

1. Prayer in this civil writ petition filed under Article 226 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside order dated 20.02.2024 (Annexure P-3), passed by learned Divisional Canal Officer, Jandiala Canal and Ground Water Division WRC Amritsar (in short 'DCO') and order dated 08.07.2024 (Annexure P-5), passed by learned Superintending Canal Officer, Upper Bari Doab, Canal Area, District Amritsar (in short 'SCO').

2. Briefly, private respondents herein submitted an application before learned DCO, stating that petitioner herein had demolished the watercourse from outlet No. 46800/49895.

2.1 Upon consideration of the matter, learned DCO, vide order dated 20.02.2024 (Annexure P-3), ordered restoration of watercourse.

2.2 Feeling aggrieved against learned DCO's order dated 20.02.2024 (Annexure P-3), petitioner preferred an appeal before learned SCO, which has been dismissed, vide order dated 08.07.2024 (Annexure P-5).

3. In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court for seeking relief (s), as noticed hereinabove.

4. Heard.

5. In this case, private respondents No. 4 to 6 submitted an application before canal authorities stating therein that the watercourse, which irrigates their land, has been demolished by petitioner herein (Piara Singh) and bricks, which had been used in watercourse, have been utilized by petitioner for construction of his house.

5.1 Upon receipt of aforesaid application, the matter was got investigated from the field staff.

5.2 The concerned Ziledar inspected the spot and submitted his report to concerned Sub Divisional Canal Officer, which was further placed before learned DCO. Thereafter, notices were issued to parties, who appeared before learned DCO and put-forth their respective claims.

5.3 Learned DCO, after considering the matter, ordered restoration of demolished watercourse, vide order dated 20.02.2024 (Annexure P-3), the relevant extract of which reads as under :-

“After perusing the case as well as documents on record, the court found that the opposite party is stating about constructing the water course at his own expenses. This water course is built on the north side of killa number 23-24-25 of 24 m. Killa No. 23-24 of 24 M which is owned by the opposition party whereas killa No. 25 is owned by Gurpratap Singh son of Mahinder Singh. If the opposite party had constructed this water course for the irrigation of their own field through their own motor at their own expenses, then there was no justification in constructing the same through killa No. 25 of 24 M. The water course of outlet 46800/L minor Khara Part A, B, C, D, E, F, was officially constructed about 30-35 years ago. A small over pass has also been built in the road on the northern side of 24 M of 22/2-23. Warabandi under Section 68 is also approved. It has also been given in writing by shareholders that the outlet is running since long. As per the report of the Patwari from the beginning to the end of the outlet, i.e. from A to F, the watercourse was constructed from the bricks of same brand, from which it is proved that irrigation was being done in past through this non-approved watercourse. Therefore, keeping in view the interest of irrigation and as well as the food storage of the country, the demolished non- approved water course which was earlier constructed with bricks and has been demolished on the northern side of killa number 23 24 of 24 M Parts D, E, F, as per site plan is hereby restored, under section 30-FF (2) of the Northern India Canals and Drainage Act 8 of 1873, as amended time to time.”

5.4 The aforesaid order passed by learned DCO has been further affirmed by learned SCO, vide order dated 08.07.2024 (Annexure P-5), the relevant extract of which reads as under :-

“Both the parties were heard patiently. The case record was thoroughly examined. The reports of the Zelidar Khara and Sub