GURNAM SINGH Vs. DIVISIONAL CANAL OFFICER

JUDGEMENT

(1.) RESPONDENTS No. 3 and 4 filed a petition for restoration of their water channel. The petitioner contested the claim. Ultimately vide order dated March 11, 1998, the Division Canal Officer accepted the claim of the respondent-applicants and ordered the restoration of the water channel. He found as a fact that there was an existing water course. The Khasra Girdawari and 'abiana slips' (receipts regarding payment of water cess) attached with the reply proved the contention raised by the applicants. He further found that the petitioner had raised a new construction to raise the plea that there was a Gurdwara at the site. After considering of the material on record he ordered the restoration of the water channel.

(2.) THE petitioner filed an appeal. The Superintending Canal Officer on a consideration of the matter found that the "water course ordered to be restored has been made pucca by the PSTC (Punjab State Tubewell Corporation). The appellant could not give any solid reason to set aside the order of the Division Canal Officer, Faridkot". Resultantly, the appeal was dismissed.

(3.) A detailed written statement has been filed on behalf of the respondents No. 3 and 4. A separate reply has also been filed by the official respondents. The petitioner has filed replications.