BALBIR SINGH Vs. SUPERINTENDING CANAL OFFICER AND OTHERS

JUDGEMENT

(1.) Petitioner Balbir Singh has filed the present writ petition against the orders dated 31.12.1998, 18.8.1999 and 15.6.2000 (Annexures P-2, P-5 and P-7) respectively. Vide above mentioned orders, the canal authorities have made certain changes in turn of water (warabandi) of the shareholders in RD 1000-L Neoli Minor of villages Neoli Kalan and Bir Hisar.

(2.) It has been submitted by the petitioner that under the garb of fixing of turn of water, the canal authorities have virtually carved out a new water course, which they are not competent to do so under the provisions of Section 55 of the Haryana Canal and Drainage Act, 1974. It has also been stated that the petitioner has been condemned un-heard and the appeal and revision filed by him were dismissed without noticing his contentions and in this manner grave injustice has been done to him.

(3.) Notice of the writ petition was issued. In response thereto, written statement has been filed by respondent No. 4 controverting all the allegations levelled by the petitioner. It has further been submitted that actually the writ petition has been filed at the instance of one Shri Ram Kumar who is getting extra water for 2 hours and 30 minutes in excess of his entitlement. It has been stated that the petitioner is virtually espousing the cause of said Shri Ram Kumar.