JASVIR SINGH Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) Matter has been taken up through Video Conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) Challenge in the instant petition is to the order dated 03.10.2019 (Annexure P-13) passed by the Divisional Canal Officer, Bathinda Canal Division, Bathinda, whereby he has ordered for the splitting of outlet No.200/TR Multania Minor and has further ordered for setting up of a new outlet at 442000/L Bathinda branch and the area of the petitioners herein to be transferred to such new outlet. Further challenge is to the order dated 02.03.2020 (Annexure P-16) passed by the Superintending Canal Officer dismissing the appeal preferred by the petitioners and thereby affirming the order passed by the Divisional Canal Officer.

(3.) Having heard counsel for the petitioners at length and having perused the impugned orders, this Court is of the considered view that the validity of the order dated 03.10.2019 (Annexure P-13) need not be gone into at this stage. Such view is being taken as the facts make out a clear case of remand back to the Superintending Canal Officer. Under such circumstances, this Court is dispensing with issuing notice to the private respondents No.4 to 21. Learned State counsel has been heard as an advance copy of the petition has already been furnished and Mr. Ayush Sarna, learned AAG, Punjab represents respondents No.1 to 3 i.e. the official respondents.