HAZURA SINGH Vs. THE STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) THE facts leading to this petition under Articles 226 and 227 of the Constitution of India would be better appreciated with reference to a plan which is appended to the petition as Annexure "A". In that plan the L -Shaped khal in dispute is delineated by the letters EXY and runs along the western and southern boundaries of killa No. 12 of rectangle No. 122. Admittedly this khal lies in land belonging to the Petitioner and was demolished by him in the year 1968. Respondent No. 5 who had been using the khal earlier for irrigating his fields, made an application to the Sub -Divisional Officer (Canals), Respondent No. 4, who, after making an investigation, passed an order on the 20th of July, 1968 (Annexure "C" to the petition) holding that Respondent No. 5 had been using the disputed khal for the preceding 15 years and directing that it be restored through police help. The khal was so restored and the Petitioner, therefore, went up in appeal to the Divisional Canal Officer (Respondent No. 3) who, on the 24th of February, 1970, set aside the order of Respondent No. 4 on the following grounds (Annexure ("G" to the petition):

(2.) THE order passed by Respondent No. 3, however, was set aside in second appeal on the 8th of April, 1970, by the Superintending Canal Officer, Respondent No. 2, (Annexure "H" to the petition) "in the interest of irrigation and on technical grounds".

(3.) THIS petition must succeed for the simple reason that the proceedings taken by the canal authorities contravene the express provisions of Section 30 -FF of the Northern India Canal and Drainage Act (hereinafter referred to as the Act) which runs thus: