MOHAN LAL Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) This civil writ petition filed on behalf of Mohan Lal S/o Chatra Ram challenges the orders passed by Deputy Collector, Rori Water Services Division, Sirsa and order passed by the appellate authority viz. Divisional Canal Officer.

(2.) The short argument of learned counsel for the petitioner is that the orders are without jurisdiction.

(3.) It has been contended that the private respondent filed an application only under Section 55 of the Haryana Canal and Drainage Act, 1974 (for short 'The Act') for change of Warabandi, to place the wari/turn of the respondent after the wari/turn of the petitioner. On facts, learned counsel for the petitioner has contended that since the land of the petitioner falls after the land of the respondent in context of the khal/watercourse, the wari/turn of the respondent could not have been fixed after the wari/turn of water of the petitioner, considering the fact that alongwith the water course lies the land of the respondent and thereafter the land of the petitioner. The person whose land lies next to the watercourse/khal is required to draw water first.