LAWS(P&H)-1993-10-36

SURAJ BHAN Vs. STATE OF HARYANA

Decided On October 05, 1993
SURAJ BHAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BY this order, I propose to dispose of Civil Writ Petition No. 9455, 4961 and 13601 of 1991 by one judgment as common question of law is involved therein.

(2.) PETITIONERS as well as the private respondents in these writ petitions are the landowners of village. Chautala and Teja Khera, Tehsil Dabwali, District Sirsa. They are irrigating their lands from the various outlets of Teja Khera minors. The grievance of the petitioners in the writ petitions is that the Superintending Engineer without giving notice or inviting applications, vide orders dated 11. 2. 1991 (Annexures P. 2 and P. 3), allowed enhanced water supply to the private respondents for their gardens. According to them, this has resulted in reduction of water supply to their fields.

(3.) IN reply to the averments made in the writ petitions, some of the respondents have filed written statements, wherein they have denied the allegations so made by the petitioners. According to the respondents, discharge was in the Teja Khara minors and because of extra discharge, the petitioners have filed civil suits and, therefore, this Court should not interfere in exercise of powers under Article 226 of the Constitution of India.