119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 28.01.2025 Sukhna Ablu Jal Paryog Society and another ...... Petitioners Versus Superintending Canal Officer, Ferozepur Canal Circle and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Judgepreet Singh Warring, Advocate for applicant-petitioners.

Mr. Navneet Singh, Senior DAG Punjab.

Mr. Sandeep Khunger, Advocate for respondents No. 5 to 8.

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HARSH BUNGER, J. (ORAL)

CM-15104-CWP-2024 This is an application filed under Section 151 CPC for placing on record copy of complete map as Annexure P-12.

For the reasons mentioned in application, same is allowed and copy of compete map (Annexure P-12) is taken on record subject to all just exceptions.

Application is accordingly disposed of.

CM-575-CWP-2025 This is an application filed under Section 151 CPC for placing on record Annexure P-13 to Annexure P-17.

For the reasons mentioned in application, same is allowed and Annexure P-13 to Annexure P-17 are taken on record subject to all just exceptions.

Application is accordingly disposed of.

1. Petitioners (Sukhna Ablu Jal Paryog Society and another) have filed the instant civil writ petition under Articles 226/227 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dated 10.08.2023 (Annexure P-5), passed by Deputy Collector, Abohar Canal Division, Abohar, District Fazilka, order dated 06.03.2024 (Annexure P-6), passed by Divisional Canal Officer, Abohar and order dated 20.06.2024 (Annexure P-9), passed by Superintending Canal Officer, Ferozepur.

2. Briefly, certain members/shareholders of Sukhna Ablu Jal Paryog Society filed an application before the canal authorities, seeking transfer of 115.23 acre area (i.e. 28.00 acre of Mogha No. 6339-T.L. Sukhna Minor; 70.23 acre of T/R Mogha 130825-R Jaito Rajbaha and 17.00 acres of T/R Mogha 134565-R Jaito Rajbaha) from Faridkot Division and including the same in the Abohar Division on Mogha (lift pump) Burji 279862-L Sirhind Feeder.

2.1 Upon receipt of the said application, the matter was enquired into from the concerned Ziledar/Sub Divisional Officer, who recommended that the area be transferred to the proposed Mogha (lift pump) Sirhind Feeder No. 279862-L. Ultimately, the matter came up for consideration before a Bench of Two Divisional Canal Officers, who vide order dated 18.05.2006 (Annexure P-2), approved the transfer of area by observing as under :-

“ Enquiry of the case got conducted and record was enquired. Area Ziledar and Sub-Divisional Officer, Sirhind Feeder, Giddarbaha's report was considered. Area Ziledar and Sub-Divisional Officer, Sirhind Feeder, Giddarbaha's as per demand of the applicants, recommended to approve taking out of Mogha No. 6339-T.L. Sukhna Minor 28.00 acres, Mogha No. 130825-R Jaito Rajbaha by taking out 70.23 acres and from Mogha No. 134565-R, Jaito Rajbaha by taking 17.00 acres, total 115.23 acres land by taking out from Faridkot Division, including in Abohar Division, Abohar, in Mogha (Lift-Pump), Sirhind Feeder's Burji 279862-L. Statements of the applicants were considered. Enquired from the Field Staff. Map relating to the case was seen. Lands of the applicants are very far and the irrigation of the fields of the applicants are not getting proper irrigation. Hence, the demand of the applicants seem to be correct. Keeping in view the policy of the Government to grow more food and irrigation of the applications and increase in the outcome of the crops, u/s 30-B (2) of Northern India Canal and Drainage Act 8 of 1873, amendment 23 of 1965 enclosed with the fard, as per village Sukhna Ablu, taking out of Mogha No. 6339-T.L. Sukhna Minor 28.00 acres, Mogha No. 130825-R Jaito Rajbaha by taking out 70.23 acres and from Mogha No. 134565-R, Jaito Rajbaha by taking 17.00 acres, total 115.23 acres land by taking out from Faridkot Division, including in Abohar Division, Abohar, is approved in Mogha (Lift-Pump), Sirh