JUDGMENT :

HARSH BUNGER J.

CM-15863-CWP-2025:

Prayer in the present application is for placing on record the uncertified copy of application dated 15.04.2022 (Annexure P-9), uncertified copy of Aksh Shajra (Annexure P-10), uncertified copy of permission letter dated 18.04.2022 (Annexure P-11), uncertified copy of another permission letter dated 18.04.2022 (Annexure P-12), uncertified copy of deposit receipt dated 22.04.2022 (Annexure P-13) and uncertified copy of Khasra Girdawari of the year 2025 (Annexure P-4).

For the reasons mentioned in the application, the same is allowed and the uncertified copy of application dated 15.04.2022 (Annexure P-9), uncertified copy of Aksh Shajra (Annexure P-10), uncertified copy of permission letter dated 18.04.2022 (Annexure P-11), uncertified copy of another permission letter dated 18.04.2022 (Annexure P-12), uncertified copy of deposit receipt dated 22.04.2022 (Annexure P-13) and uncertified copy of Khasra Girdawari of the year 2025 (Annexure P-4), are taken on record, subject to all just exceptions.

Application is, accordingly, disposed of.

CWP-84-2023 (O&M):

Prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari for setting aside the order dated 22.12.2022 (Annexure P-8) passed by the learned Superintending Canal Officer, Sirsa.

2. Briefly, respondent No.4 – Balwant Singh filed an application before the canal authorities seeking restoration of demolished water course on the plea that the same has been dismantled by the present petitioner (Raghuvir Singh). It was further claimed that the said water course was running for the last about 50 years.

2.1. On receipt of the aforesaid application from respondent No.4, the learned Sub-Divisional Canal Officer, Panjuana got the matter investigated from the field staff. The concerned Ziledar submitted his report recommending restoration of the water course and the matter was placed before the learned Sub Divisional Canal Officer.

2.2. The learned Sub Divisional Canal Officer upon receipt of report from the Ziledar, issued notice to the present petitioner. The petitioner appeared before the learned Sub Divisional Canal Officer and opposed the claim of respondent No.4 by stating that he had purchased the land measuring 2 kanals 17 marlas comprised in Khewat No.344, Rectangle No.90, Killa No.3/1/2/1(2-4) and Khewat No.345, Rectangle No.90, Killa No.3/2 (0-13), in the name of his wife Smt. Urmila Devi, vide registered Sale Deed dated 08.08.2016 for construction of his house. It was stated that in the year 2016, there was no water course at the site; accordingly, prayer was made for rejecting the claim of respondent No.4.

2.3. The learned Sub Divisional Canal Officer upon considering the matter came to the conclusion that the water course running through Killa No.90//3/1/2/1 has been dismantled at site. Reference was made to warabandi decision dated 24.06.1991, which indicated that the Nakka of respondent No.4 for taking water was sanctioned at point 80//23 X 90//3 and for giving water at point 80//23 X 90//4. Accordingly, it was concluded that the water course was running at the spot since about 20 years and the same fell in the category of ‘permanent water course’. Therefore, learned Sub Divisional Canal Officer vide order dated 31.05.2022 (Annexure P-5) ordered restoration of water course ‘AB’ on permanent basis in Killa No.90//3/1/2/1.

2.4. Feeling aggrieved against the order dated 31.05.2022 (Annexure P-5), the present petitioner preferred an appeal before the learned Divisional Canal Officer, Sirsa, which came to be allowed vide order dated 22.09.2022 (Annexure P-7), whereby the order 31.05.2022 (Annexure P-5) passed by the learned Sub Divisional Canal Officer, Panjuana was set aside.

2.5. Being dissatisfied against the order dated 22.09.2022 (Annexure P-7), respondent No.4 (Balwant Singh) preferred a revision petition under Section 20(3) of the Haryana Canal and Drain