GRAM PANCHAYAT Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) FEELING aggrieved against the impugned order dated 16.12.2009 passed by respondent No. 1, thereby dismissing the appeal of the petitioners upholding the order dated 21.11.2007 passed by respondent No. 2, vide which the water -course in question was ordered to be restored, at the instance of private respondents, petitioners have approached this Court by way of instant writ petition, under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing the afore -said impugned orders. Brief facts of the case are that the private respondents moved an application before the Divisional Canal Officer, Eastern Canal Division, Canal Colony, Ferozepur, for the restoration of water course, which was allegedly demolished by petitioner No. 2, thereby causing a prejudice to their rights adversely affecting irrigation of their land. Respondent No. 2 allowed the application vide order dated 21.11.2007, appended at Annexure P -2.

(2.) DISSATISFIED with the order passed by respondent No. 2, petitioners filed an appeal before the Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur -respondent No. 1, who dismissed the same vide order dated 16.12.2009, appended at Annexure P -3. Having been left with no other option, petitioners have approached this Court by way of present writ petition.

(3.) IN response to the above -said order, reply by way of affidavit dated 20.10.2011 of Sukhvir Singh, Divisional Canal Officer, Eastern Canal, Canal Colony, Ferozepur, was filed on behalf of respondent Nos. 1 and 2. However, despite the specific directions having been issued to the Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur, to file reply clearly indicating the material available with the authority to indicate that there existed a Khal and there was a wari (turn of water) fixed for irrigation from that khal, no such reply was filed by respondent No. 1. A separate written statement was filed on behalf of respondent Nos. 3 to 6, but almost on similar lines.