RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners under Article 226 of the Constitution of India for issuance of writ in the nature of certiorari for quashing the order dated 20.12.1983 passed by the Chief Canal Officer, Haryana, Chandigarh, Annexure P-4, whereby at the request of respondents No. 3 to 6 and seven other share holders, ordered the transfer of the area 216/214 acres to Chak outlet RD 66039/L Bhalaut Distributary from Chak outlet 102445/R Jasrana Minor as according to him, respondents No. 3 to 6 and others were adamant for transfer of the said area.

(2.) BRIEFLY stated, the facts are that some of the share-holders (respondents No. 3 to 6 and seven others) gave application to transfer their area from RD 102445 Jasrana Minor to 66039/L Bhalaut Distributary in the year 1974. The scheme was published. After completing all the formalities, the Divisional Canal Officer, Rohtak, rejected the demand of transfer of this land vide order dated 31.1.1974. Aggrieved by the said order, they filed an appeal before the Superintending Canal Officer, W.J.C., West Circle, Rohtak, but the same was rejected and the order became final as no further appeal was filed.

(3.) THE petitioners have made the order, Annexure P-4, of the Chief Canal Officer as subject-matter of challenge by way of writ petition on the allegations that the matter had already been decided and as such respondents No. 3 to 6 were barred to again agitate the matter on the principle of res judicata; that some of the petitioners had filed affidavit before respondent No. 2, Chief Canal Officer, that they did want their land to be transferred from Jasrana Minor to Bhalaut Distributary but still the land was transferred; that the authorities had wrongly presumed that if respondents No. 3 to 6 were interested to transfer their land from one distributary to other, then all the share holders were interested; that the Chief Canal Officer had not decided the case on merits and that no transfer of area could be allowed on a water course unless the clearance certificate for lining had been given by the MITC.