124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-488-2025 (O/M)

Date of decision : 20.02.2025 Abhay Singh and others ...... Petitioner(s)

Versus State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Jitender Sehrawat, Advocate for the petitioner(s).

Ms. Upasana Dhawan, AAG Haryana.

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HARSH BUNGER, J. (ORAL)

1. Petitioners 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 04.01.2023 (Annexure P-2), passed by the Sub Divisional Canal Officer, Hisar-II (in short 'SDCO'); order dated 24.04.2023 (Annexure P-3), passed by the Divisional Canal Officer, Hansi (in short 'DCO') and order dated 25.09.2023 (Annexure P-4), passed by the Superintending Canal Officer, Bhakra Water Service, Circle No. 1, Hisar (in short 'SCO').

2. In the present case, private respondents No. 5 to 8 preferred an application under Section 24 of Haryana Canal and Drainage Act, 1974 (in short '1974 Act, seeking restoration of watercourse through Rectangle/Killa No. 48//7-8-9-10 and 49//6/1 (northern side) in the chak of outlet No. RD-37800-R, O.P Jindal Nalwa Distributary, shown at point 'AB' in site plan (Annexure P-1). Upon receipt of aforesaid application, the matter was got investigated from the concerned Ziledar, who after proper investigation and site inspection, recommended restoration of the dismantled watercourse and forwarded the matter to the learned SDCO. Thereafter, notices were issued to the concerned shareholders. The private respondents claimed that the present petitioners had dismantled the running watercourse on site, on account of which the irrigation of their area is stopped and they have no other alternate to irrigate their area. The private respondents produced the copy of sanctioned warabandi for the last 23-24 years. They also produced the sanctioned warabandi for the year 2007 pertaining to the chak of 23200-L Dhamana Minor because before execution of OP Jindal Nalwa Distributary, this area fell in the chak of 23200-L Dhamana Minor.

2.1 On the contrary, present petitioners opposed the claim of private respondents on the plea that this watercourse was linked with Dhamana Minor and presently, OP Jindal Nalwa Distributary runs at the site. It was stated that in case the watercourse at point 'AB' was restored, then the area of the petitioners would be divided in two parts and they would not be able to cultivate their area properly. It was also submitted that proper warabandi has not been made till now, as only a bhaichara warabandi is running at site.

2.2 Considering the respective stands of the parties, learned SDCO ordered restoration of dismantled watercourse for a period of six months, vide order dated 04.01.2023 (Annexure P-2) by observing as under :-

“ Further after consideration of all relevant record and after site inspection, I come to the conclusion that the dismantled water course shows on khaka plan A B and runs at site through rect./killa no. 48/10-9-8-7 and 49/6/1 North side of killa line is as per running position is ordered to restore for the period of six months for one crop. The period of restoration of water course will be started after the restoration of water course at site. The Respondents are directed to restore the dismantled water course AB through rect./killa 48/10-9-8-7 and 49/6/1 northern side as per running position with in the period of 15 days after convey the decision.”

2.3 The aforesaid order dated 04.01.2023 (Annexure P-2) came to be challenged by present petitioners by filing an appeal before learned DCO.

2.4 However, learned DCO dismissed the appeal of petitioners, vide order dated 24.04.2023 (Annexure P-3), by observing as under :-

“ I have carefully examined record, Khaka plan and heard the parties at length. After perusal of khaka plan and record produced before me and the site was inspected by undersigned on dated 24.03