IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12185-2025 (O&M)

Date of decision :26.05.2025 GURDEV SINGH AND OTHERS …Petitioners Versus SUPERINTENDING CANAL OFFICER, LUDHIANA CANAL CIRCLE, LUDHIANA, PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Surinder Pal Singh Tinna, Advocate and Ms. Rinky Gupta, Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab.

Mr. J.S. Warring, Advocate forcaveator/respondents No.3 to 12.

HARSH BUNGER, J. [ORAL]

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 12.11.2024 (Annexure P-8) passed by the learned Divisional Canal Officer, Bathinda and order dated 25.02.2025 (Annexure P-10) passed by the learned Superintending Canal Officer, Ludhiana Canal Circle, Ludhiana.

2. Briefly, the private respondents herein filed an application before the learned Divisional Canal Officer, stating that their area is not getting sufficient irrigation from the existing outlet at Burji No.19888/L Dhelwan Rajwaha; therefore, their area be transferred to new outlet.

2.1 Upon receipt of the afore-said application, the matter was got inquired into from the Field Staff and the concerned ziledar submitted his report, recommending the transfer of area to new outlet at Burji No.23775/L and the matter was placed before the learned Divisional Canal Officer, who vide his order dated 12.11.2024 (Annexure P-8) accepted the prayer of the private respondents and permitted the transfer of area from outlet (Mogha) Burji No.19888/L Dhelwan Rajwaha to the new outlet (Mogha) Burji No.23775/L Dhelwan Rajwaha.

2.2 The afore-said order dated 12.11.2024 (Annexure P-8) has been further affirmed by the Appellate authority vide order dated

25.02.2025 (Annexure P-10).

2.3 In the afore-mentioned circumstances, the present writ petition has been filed before this Court, for seeking relief, as noticed here-in-above.

3. On the other hand, learned counsel appearing for caveator/respondents No.3 to 12 has brought to the notice of this Court that orders impugned in the present writ petition, were also challenged by one Sh. Nachhatar Singh, who also belongs to the party of the petitioners, by way of filing writ petition i.e. CWP-8820-2025, which was dismissed by this Court vide order dated 26.03.2025. He further informs that even an intra-court appeal (LPA No.1585-2025) filed by Sh. Nachhatar Singh against the afore-said order dated 26.03.2025 passed in CWP-8820-2025, has also been dismissed vide order dated 23.05.2025. It is, therefore, submitted that the present writ petition is also liable to be dismissed.

4. Learned counsel appearing for the petitioners has not disputed the fact that the orders impugned in the present writ petition were also challenged in CWP-8820-2025, which already stand dismissed by this Court, vide order dated 26.03.2025; however, he submits that in the said writ petition, the petitioner therein could not put forth the case properly and accordingly, the present writ petition has been filed. He further submits that so far as the new outlet is concerned, the area of the petitioners is on the higher level than the new outlet and therefore, they will not get proper irrigation to their area. In support of the afore-said plea, learned counsel for the petitioners has placed reliance upon Annexure A-1 filed along with CM-7694-2025, which according to the petitioners, depicts the level of their area and also the level of the outlet in question.

4.1 On the other hand, learned State counsel as well as learned counsel appearing for caveator/respondents No.3 to 12, have opposed the afore-said plea of the petitioners by submitting that the transfer of area from the old outlet to the new outlet was permitted after duly checking the levels and also checking feasibility of transfer of area from old outlet to new outlet and the same cannot be doubted on