LAL SINGH Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) Lal Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India challenging legality and correctness of the order of the Superintending Canal Officer, respondent No. 1, dated 4th October, 1967 (copy Annexure 'B' to the petition).

(2.) The petitioners are residents of village Kharal Tehsil Narwana District Jind. It is alleged in the petition that their lands were being irrigated from outlet No. R.D. 20000/- T.R., Kharal minor tail. Respondents 2 and 3 who were inimical to them were interested in getting their area shifted to R.D. 13720-R Kharal Minor. In order to achieve that object, respondents 2 and 3 filed an application for the shifting of the area of the petitioners from outlet R.D. 2000/- T.R. to R.D. 13720-R. On the application of respondents 2 and 3, proceedings under Section 30-A of the Northern India Canal and Drainage Act (hereinafter referred to as the Act), were started by the Divisional Canal Officer. After full enquiry the Divisional Canal Officer held that the area of the petitioners was being properly irrigated froms outlet No. 20000/- T.R. Kharal minor and accordingly allowed their area to remain on that outlet.

(3.) Feeling aggrieved from the order of the Divisional Canal Officer, respondents 2 and 3 filed a revision petition under Section 30-B(3) of the Act, which was allowed by the Superintending Canal Officer and the area of the petitioners was transferred to R.D. 13720/R. by his order dated 4th October, 1967 (copy Annexure 'B' to the petition). As earlier observed, it is the correctness nd legality of this order which has been challenged by way of this petition.