SARUP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has prayed for issuance of a writ of certiorari, prohibition, mandamus or any other appropriate writ, order or direction, which this Court may deem proper to quash the order annexure P-5 passed by the Chief Canal Officer, Haryana.

(2.) Briefly put, the petitioner filed an application under section 18(2) of the Haryana Canal Drainage Act for transfer of his outlet from R.D. 9120-L Kharaunti Minor to that of R.D. 10800-T.L. of the same channel, village Chandi, Tehsil and District Rohtak on the ground that there is a big depression from point 'V' to 'Z' between the outlet No. 9120-L and the petitioner's land and so it could not be irrigated. Presently, he had been able to irrigate his land by means of a Jhallar which is a very costly process. Besides this, his land is at a high level. The Divisional Canal Officer after site inspection and in the interest of irrigation, approved the transfer of the area from outlet No. 912 L to outlet No. RD 10800-TL vide order dated 25.5.1978, Annexure P-2.

(3.) Respondent Nos. 6 to 9 challenged this order before Superintending Canal Officer-respondent No. 3, who, however, dismissed the appeal on 15.2.1980 - Annexure P-3. Respondents not feeling satisfied with the order of the authorities below preferred an appeal before the Chief Canal Officer-respondent No. 2 who vide dated 24.4.1980 disposed of in the following words :