BHOLA RAM Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) The petitioners are residents of village Mokhra Kheri Rojh and their land is being irrigated by out-let No. RD 14560-TL, Mokhra Minor while the land of respondent Nos. 5 to 21 who are residents of village Mokhra Khas, is being irrigated by out-let No. RD 18870-TL, Madina Minor. It has been alleged by the petitioners that the canal authorities prepared a scheme under Section 30-A, of the Northern India Canal and Drainage Act, 1873 (hereinafter referred to as the Act) envisaging the transfer of the land of respondent Nos. 5 to 21 from RD 18870-TL, Madina Minor to out-let RD 14560-TL, Mokhra Minor. The petitioners further alleged that the scheme in question was not published in village Mokhra Kheri Rojh and the same was published only in village Mokhra Khas. Yet another fact alleged by the petitioners is that the scheme, after the same being approved by the Divisional Canal Officer, had not been published as envisaged by Section 30-C of the Act.

(2.) Shri Roop Narain Pandit, respondent No. 1 in his affidavit filed in return to the writ petition had denied the allegation that the scheme under Section 30-A, of the Act, was not published in village Mokhra Kheri Rojh. However, the other allegation of the petitioners that the scheme was not published after approval under Section 30-C has been admitted. Before dealing with the submission of the learned Counsel for the petitioners, yet another fact which requires notice is that the petitioners earlier filed Civil Writ No. 3223 of 1969, challenging the validity of orders incorporated in Annexures 'A' and 'E' respectively. But when the petition came up before the Motion Bench consisting of Harbans Singh and S.S. Sandhawalia, JJ., the same was dismissed with the following orders :-

(3.) For the reasons recorded above this writ is allowed with costs and respondent No. 1 is directed to decide the revision petition which was dismissed by him vide his orders dated 20th March, 1970 on merits within three months from today.