BHOLA SINGH Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) THE petitioner prays that the order dated February 25, 1999, passed by the Superintending Canal Officer, by which his application has been dismissed, be quashed. A few facts, as relevant for the decision of this case, may be briefly noticed :

(2.) THE petitioner alleges that there was a dispute regarding outlet No. 10535-TR Minor No. 5 between him and the 2nd respondent. Thus, the petitioner had filed an application before the Deputy Collector. A copy of that application or the exact nature of dispute has not been disclosed. However, it is alleged that vide order dated May 11, 1995, some changes were made in the turn of water between the parties. Aggrieved by that order, the 2nd respondent filed an appeal, which was dismissed by the Deputy Collector. The 2nd respondent then filed a revision, which was dismissed vide order dated February 26, 1998. The petitioner alleges that instead of challenging the order dated February 26, 1998, before an appropriate forum, the 2nd respondent sought the review of the order. The petitioner filed an application dated May 21, 1998, pleading that the review petitioner was not competent. When this application was not decided, the petitioner approached this Court through Civil Writ Petition No. 1313 of 1999. It was disposed of vide order dated February 2, 1999. The Authority was directed to decide the application filed by the petitioner within two weeks after the receipt of the order. In pursuance to the direction given by the Bench, the Superintending Canal Officer has passed the order dated February 25, 1999. The petitioner's objection regarding the maintainability of the review application has been rejected. The petitioner prays that this order (a copy of which has been produced as Annexure P1 with the petition), be quashed.

(3.) MR . Lathar states that the petitioner does not own any land in the area, regarding which the 2nd respondent is seeking review of the order. He, however, maintains that the review petition is not competent.