BARU Vs. DALIP SINGH

JUDGEMENT

(1.) These appeals involve a common question of law and will be disposed of by one common judgment. It appears that a large tract of land was being irrigated in the villages Sisai Boa, Kajal Khera and Rajpura in distt. Hissar by R. Ds. Nos. 1000 and 1,900. Two applications, one by Baru and 49 others and the other by Rameshwar and 3 others were made to the District Canal Officer under the Provisions of the Northern India Canal and Drainage Act, 1873 (hereinafter referred to as the Act of 1873) for shifting the heads of the aforesaid water courses but these applications were rejected by the District Canal Officer. Thereupon the aforesaid applicants filed separate revisions before the Superintending Canal Officer who allowed the same and passed orders for shifting of the heads of the water course alluded to above as prayed for by the revisionists. The High Court which was then moved in writ jurisdiction quashed the orders of the Superintending Canal Officer at the instance of Dalip Singh and others on the ground that no revision lay to the Superintending Canal Officer under provisions of the Act of 1873 in the circumstances of the case. Aggrieved by the judgment and order of the High Court, the appellants have come up to this Court. We have heard counsel for the parties and we agree with the view taken by the High Court that the aforesaid revision applications preferred by Bary and others and Rameshwar and others before the Superintending Canal Officer were not maintainable because the jurisdiction under S. 30-B (3) which runs as follows :-