131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2386-2025 (O/M)

Date of decision : 29.01.2025 Narinder Kumar and another ...... Petitioners Versus The Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Sandeep Khunger, Advocate for the petitioners.

Mr. Navneet Singh, Senior DAG Punjab.

Mr. Jaswinder Singh Grewal, Advocate for caveator-respondent No. 3.

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HARSH BUNGER, J. (ORAL)

1. Prayer in this 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 the order dated 02.08.2024 (Annexure P-7), passed Divisional Canal Officer, Rajasthan Feeder Division, Ferozepur (in short 'DCO') and also order dated 18.11.2024 (Annexure P-9), passed by Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur (in short 'SCO').

2. Briefly, respondent No. 3 (Reeta Rani through her husband Narinder Singh) filed an application before the canal authorities, seeking restoration of demolished watercourse of outlet No. 100325/R Malukpur Rajbah, village Alamgarh on the plea that they had purchased 26 Kanal of land out of joint tak (block), whose turn of water (warabandi) was fixed at Serial No. 6 and the said watercourse was running for the last 40 years. It was alleged that about 25-30 karams of watercourse has been demolished by the petitioners, namely, Narinder Kumar and Purshotam Kumar. Accordingly, it was submitted that upon demolition of watercourse, they are not getting any water for their area and there was no other source of irrigation, therefore, prayer was made for restoration of demolished watercourse at its original place.

2.1 Upon receipt of said application by the canal authorities, the matter was referred to concerned Ziledar for investigation, who submitted his report dated 14.05.2024 (Annexure P-5), recommending the restoration of demolished watercourse and the matter was forwarded to Sub Divisional Officer, Abohar (in short 'SDO').

2.2 Learned SDO, vide report dated 20.06.2024 (Annexure P-6), also recommended the restoration of demolished watercourse by observing as under :-

“ On receipt of the case in this office, the spot inspection in this case was carried out by the undersigned on 13.06.2024. From the spot inspection, it was found that the katcha watercourse which was running from Point A to B-C-D-E-F-G at the spot for the irrigation of the area of the applicant through which the area of the applicant was being irrigated has been demolished about 40 Karams from Point E-F by the concerned party from their area comprised in Nos. 205/24. In the area of this demolished watercourse, the concerned party has sown cotton crop at the spot. With the demolition of this katcha watercourse, the link of the watercourse for the irrigation of the area of the applicant has been come to an end and there is no other watercourse at the spot for the irrigation of his area. The turn of water of the area of the applicant and the concerned party stood sanctioned jointly at Sr. No. 6, the nakka for taking water of which is sanctioned at 204/5 205/1-middle and giving water at 204/6-205/1. The applicants have too purchased this area from the concerned party. From the perusal of the statements added with the case as well as the reports, it has been found that the concerned party is referring to the watercourse from other side i.e. at Point A, A-1, A-2 A-3 which stood sanctioned in consolidation and according to the report of the Ziledar as well as according to the situation at the spot, watercourse A-1 is running at the spot. Ahead to it from Point A-1 to A-3, the watercourse is not running and this watercourse is lying closed for a long period. By intimating you all these facts, it is mentioned that the area of the applicant was being irrigated from the watercourse which was running through the area of the concerned party out of which the concerne