CHANCHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is directed against the order of the Superintending Canal Officer, Upper Bari Doab Canal Circle, Amritsar (respondent No. 2) dated the 22nd of January, 1970 (Annexure 'B' to the petition) splitting up the outlet at R.D. 3750-L pertaining to Rattoke Minor and serving lands of village Bahadur Nagar to which the petitioners and respondent Nos. 4 to 7 belong, into two, with a new outlet at R.D. 6100-L of the said Minor.

(2.) Th facts are not in dispute. In the year 1961 respondent Nos. 4 to 7 filed an application before the Divisional Canal Officer (Respondent No. 3) for splitting up the outlet at R.D. 3750-L above mentioned into two. That application was rejected by respondent No. 3 through his order dated the 26th of May, 1966 (Annexure 'A' to the petition) against which an "appeal under Section 30" of the Northern India Canal and Drainage Act, 1965 (hereinafter called the Act) was accepted by respondent No. 2 who granted the request of respondent Nos. 4 to 7 by means of the impugned order.

(3.) This petition must succeed. On the date when the impugned order was made the Act did not contain any Section which could be described as Section 30, the Section so designated and originally forming part of the Act having been omitted therefrom by Section 2 of Punjab Act No. 23 of 1965. Apparently respondent No. 2 purported to Act under Sub-section (3) of Section 30-B of the Act which empowers him to revise either suo motu or on an application presented by an aggrieved person a scheme approved by the Divisional Canal Officer. No appeal in the matter is competent. Further it is well settled (and this proposition is not contested before me) that respondent No. 2 has powers to revise under Sub-section (3) above mentioned only specific schemes approved by respondent No. 3 and that he has no revisional or appellate jurisdiction when respondent No. 3 refuses to formulate or approve a scheme in its entirety (see Rikh Ram V. State of Haryana and others, 1968 70 PunLR 886, Dalip Singh and others V. Th Superintending Canal Officer, West Circle, Rohtak, 1969 1 ILR(P&H) 267, and Chuhar Singh and others V. The Superintending Canal Officer and others, 1970 PunLJ 216).