IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 22.08.2025 KARANVEER SINGH AND ANOTHER ...... Appellant(s)

Versus SUPERINTENDING CANAL OFFICER, FEROZEPUR AND OTHERS ..... Respondent(s)

CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. S.S. Brar, Advocate for appellants.

Mr. Raghav Garg, AAG, Punjab.

Mr. Sandeep Khunger, Advocate and Mr. Saksham Khunger, Advocate for respondents no.3 and 4.

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LISA GILL, J.

1. Prayer in this appeal is for setting aside order dated 31.05.2016, passed by learned Single Bench, whereby CWP-5369-2014, filed by present appellants/writ petitioners has been dismissed.

2. Brief facts necessary for adjudication of the matter are that present appellants-writ petitioners filed CWP-5369-2014 for setting aside order dated 03.04.2008, passed by Divisional Canal Officer and order dated 21.02.2014, passed by Superintending Canal Officer, Ferozepur. It was pleaded in the writ petition that petitioners’ land as described in writ petition was being irrigated through the Outlet no.26300-L Muradwala Minor, which had been in existence since 50 to 60 years from the inception of irrigation Omkar Singhfacilities to the area. It is stated that petitioners’ land falls in Rectangle Nos.79 and 80 and that of private respondents in Rectangle Nos.80, 90 etc. as depicted in site plan, Annexure P-1. A water course stands parallel to the canal minor and there is a main pakka water course starting from Outlet no.26300-L, marked as point ‘A’ in site plan. Respondents no.3 and 4 namely Gurbaz Singh and Darshan Singh filed an application for shifting Outlet no.26300-L to downstream on the corner of stone line (Pathhar Lakeer) of rectangle nos.80, 81, 89, marked as point ‘B’ in site plan on the premise that their land was not getting proper irrigation. Ziledar and Sub Divisional Canal Officer recommended shifting of Outlet no.26300-L Muradwala minor as sought by him. Upon receipt of proposal/report, command statement was got checked and upon being found correct, scheme was published. Order dated 03.04.2008 was passed by Divisional Canal Officer, directing shifting of Outlet no.26300- L Muradwala Minor to stone line of corner of rectangle nos. 80, 81 and 89. Aggrieved therefrom Gurmail Singh i.e. father of present appellants/writ petitioners filed an appeal which was dismissed by Superintending Canal Officer on 25.08.2008. CWP-16562-2008 was filed by Gurmail Singh, which was disposed of on 09.09.2010, upon statement of parties to the effect that they were ad idem that order dated 25.08.2008 may be set aside and matter remitted to Superintending Canal Officer for adjudication afresh in accordance with law. Order dated 09.09.2010 reads as under:-

“ The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 03.04.2008 and 25.08.2008, passed by the Divisional Canal Officer and the Superintending Canal Officer, respectively.

After addressing arguments for some time, counsel for the parties are ad idem that the order dated 25.08.2008 may be set aside and the matter be remitted to the Superintending Canal Officer, for adjudication afresh and in accordance with law. In view of the statement made by counsel for the parties, the order dated 25.08.2008 is set aside and the matter is remitted to the Superintending Canal Officer, for adjudication afresh and in accordance with law, within three months from the receipt of a certified copy of this order. The Superintending Canal Officer shall take into consideration the observations made by this court

2025.08.27 16:29 in its order dated 19.01.2010, the report filed by the Divisional Canal Officer in his additional affidavit dated 17.02.2010 and if necessary, call for a fresh report.

Parties are directed to appear before the Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur, on

11.10.2010.”

3. Order dated 19.01.2010 referred to in abovesaid order is reproduced as hereunder:-

“ Counsel for the