SULTAN SINGH Vs. SUPERINTENDING CANAL OFFICER & ORS.

JUDGEMENT

(1.) THE compendium of the facts, which needs a necessary mention, for the limited purpose of deciding the sole controversy, involved in the instant writ petition and emanating from the record is that, Bhagwan Singh son of Kishan Singh and his son Tarsem Singh (private respondent Nos.3 & 4) moved an application before the Divisional Canal Officer (for brevity "the DCO"), Eastern Division, Ferozepur Canal Circle (respondent No.2) for restoration of watercourse in question, depicted as mark "CDE" in the site plan (Annexure P2) on outlet Burji bearing No.38250/R Rajbah Nizamwah, which was stated to have been demolished by the petitioner.

(2.) THE DCO sent the matter to the Sub Divisional Officer (in short "the SDO") and Ziledar, Ferozepur for inquiry and after receiving their reports, he ordered the restoration of the indicated watercourse, by virtue of order dated 5.11.2008 (Annexure P1).

(3.) AFTER remand, the DCO again ordered the restoration of the indicated watercourse, in exercise of his powers under Section 30FF(2) of the Northern India Canal & Drainage Act, 1873 (hereinafter to be referred as "the Act"), by way of impugned order dated 7.4.2010 (Annexure P4).