KARTAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Kartar Singh [respondent no. 4 in CWP No. 203 of 2011 filed by Raghbir Singh (respondent No. 4 in this appeal) has filed the instant Letters Patent Appeal against the judgment dated 12.1.2012 passed by the learned single judge, whereby the aforesaid writ petition filed by respondent No. 4 has been allowed and the order dated 4.6.2001 (Annexure P-2) passed by the State Government granting sanction to the exchange of land between the appellant and respondent No. 2-Municipal Committee, Rania, District Sirsa has been set aside. We have heard learned counsel for the appellant and gone through the impugned order passed by the Learned Single Judge as well as the order dated 4.6.2001 passed by the State Government.

(2.) In this case, there was a water course in Khasra No. 700/1, the total land of which was measuring 2 Kanals 15 Marlas, situated within the revenue limits of Rania and owned by respondent No. 2-Municipal Committee. The said water course passed through Raqba No. 150, Killa No. 2/1, 2/2, 8, 9, 13/1, 13/2, 17 and 24/2. It was carved out during the consolidation and was being used to irrigate the fields of respondent No. 4 and other co-sharers.

(3.) It is the case of the appellant that on his application for exchange of land with his land, so that a different water course can be provided, the State Government vide order dated 4.6.2001 granted sanction for the said exchange. After a long time, the said order was challenged by respondent No. 4 in this Court by filing the aforesaid writ petition. Learned counsel for the appellant argued that the learned Single Judge has erred in law while allowing the said writ petition and setting aside the order dated 4.6.2001 at a belated stage.