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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Piara Singh – Appellant
Versus
State of Punjab – Respondent
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
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 ....
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