IQBAL SINGH Vs. DIVISIONAL CANAL OFFICER

JUDGEMENT

(1.) CM No. 1012 of 2013 CM is allowed. A copy of judgment dated 10.1.2013, passed by the Civil Judge (Junior Division), Malout, is taken on record. Letters Patent Appeal No. 1373 of 2012

(2.) The appellants pray that order dated 6.8.2012, dismissing their writ petition in limine as well as order dated 15.3.2012 passed by the Superintending Engineer, Ferozepur Canal Officer, Ferozepur, may be set aside.

(3.) Counsel for the appellants submits that as the Divisional Canal Officer has recorded a finding of fact that the water course was demolished at points 'A' 'B' and 'C', the Superintending Engineer, Canal Officer, Ferozepur, had no jurisdiction to set aside this order on the ground that houses have been constructed at the spot and to direct that the matter be decided afresh. The finding is contrary to the record as there are no houses at the spot and even if some persons may have raised construction, it has to be demolished to restore the water course. It is further submitted that as the appellants prayed for restoration of the demolished water course, the so called construction is irrelevant. The order passed by the Superintending Engineer, Canal Officer, and order dismissing the writ petition, therefore, may be set aside.