JAGDISH MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ 1314 of 1970, Jagdish Mohan V. State of Haryana and others, and Civil Writs 1121 of 1970, Shiv Kumar and another V. State of Haryana and others. 1122 of 1970, Mohinder Partap and others V. State of Haryana and others. 1151 of 1970, Shamsher Singh and others V. State of Haryana and others. 1188 of 1970, Bhagirath V. State of Punjab and others, and 1202 of 1970, Khilla Ram and others V. State of Haryana and others, as all of them are directed against the order of the Superintending Engineer, Hissar Bhakra Canal Circle, Hissar, dated March 2, 1970, a copy of which is Annexure 'C' to Civil Writ 1314 of 1970.

(2.) In order to appreciate the common question of law involved in all these petitions, the facts of Civil Writ No. 1314 of 1970 are set out below.

(3.) A bare reading of the letter dated March 2, 1970 of respondent 2 to respondent 3 shows that respondent 2 acted on a letter of the Financial Commissioner Revenue and not on his own judgment. It is not shown how the Financial Commissioner was competent to issue such directions to respondent 2. The enhanced supply of water was granted to the petitioner under the Rules and it could be withdrawn or curtailed in accordance with those Rules. Rule 12 of the Rules prescribed the circumstances under which the extra supply of water can be withdrawn and reads as under -