MANI RAM Vs. UMRAO SINGH

JUDGEMENT

(1.) THE Divisional Canal Officer, Sirsa, suo motu drafted a scheme under Section 17 of the Haryana Canal and Drainage Act, 1974 and published the same under Section 18(1) on 14.11.1999. It is the case of the petitioner that as a consequence of the draft scheme prepared brick lining of the private water-course of the petitioner was approved. This order of the Divisional Canal Officer, Sirsa, was challenged by the petitioner by filing an appeal before the Superintending Canal Officer. The appeal preferred by the petitioner was dismissed vide order dated 8.2.2000.

(2.) DISSATISFIED by the order of the Divisional Canal Officer as also with that of the Superintending Canal Officer, the petitioner again preferred an appeal on 28.4.2000 before the Chief Canal Officers. Along with the appeal, the petitioner preferred an application wherein he prayed for a restraint on the implementation of the decisions of the Divisional Canal Officer as well as of the Superintending Canal Officer. It is not disputed that no order was passed on the aforesaid application, a copy of which has been appended to this petition as Annexure P.4.

(3.) THE petitioner has approached this Court under the provisions of the Contempt of Courts Act, 1971, challenging the action of the authorities in commencing to line his private water course in furtherance of the directions issued by the Divisional Canal Officer dated 14.11.1999 and the order dated 8.2.2000 passed by the Superintending Canal Officer, despite the pendency of the appeal.