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1983 Supreme(P&H) 387

J.M.TANDON
Dalip Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

J.M.Tandon, J.

1. The petitioners and Sohan Lal respondent No. 4 own land in village Jandwala Bhimeshah, Tehsil Fazilka, District Ferozepur, which is irrigated by canal water at outlet No. 54029-L of Bhagsar Minor. According to the petitioners, about 25 rightholders of the village are irrigating their land from this outlet. Respondent No. 4 takes his turn of water after the turn of about 23 rightholders and the turn of the petitioners follows immediately his turn. The case of the petitioners is that in 1975-76, respondent No. 4 illegally fixed a Jhatta (water thrower) on the water-course in such a way that when the turn of the petitioners started they got the water course empty with the result that some of their allotted time was wasted in Jharai. The petitioners, therefore, moved an application under Section 30-FF of the Northern India Canal and Drainage Act, 1873, praying that the Jhatta illegally fixed by respondent No. 4 be removed. The Divisional Canal Officer vide order dated May 21, 1976 (P.1) held that no substantial loss has been suffered by the petitioners by the use of Jhatta fixed by respondent No. 4. He, however, directed respondent No. 4 to get his Nakka const





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