TEK SINGH Vs. SCO PATIALA AND ORS.

JUDGEMENT

(1.) THE dispute between the petitioner and respondent No. 4 is regarding the turn of water for irrigation of their respective fields. According to respondent No. 4, he is owner in possession of 9 = killas of land in Rect. No. 242/1 in village Dinghar, Mansa. He says that this land was earlier owned by the petitioner and he became the owner of this land as per the oral exchange dated 14.04.1991. As per the oral exchange, the land was mutated in favour of respondent No. 4 on 22.04.1991. Respondent No. 4 further says that he is in continuous possession of the said land since then. In the year 2009, respondent No. 4 made an application to the Deputy Collector, Mansa Division, stating therein that his turn of water is fixed at Khata No. 242/1 but the tail has been wrongly be given to Khata No. 243/2 i.e. the land of the petitioner. He submitted that his land is adjoining the tail, so his turn be kept at Khata No. 243/1, in the middle Nakka of 5/181 -9 and same be declared as the water tail. The Deputy Collector issued notice to the petitioner and after hearing both the parties vide order dated 05.08.2009 accepted the claim made by respondent No. 4 by passing the following order: - -

(2.) THE above order was again appealed against this time by respondent No. 4, before the Superintending Canal Officer, LB. Circle, Patiala. The Superintending Canal Officer, Patiala vide order dated 03.06.2010 allowed the appeal filed by respondent No. 4 primarily on the ground that the Deputy Collector, Mansa Division had passed the order after having visited the spot and therefore, his order was restored and affirmed.

(3.) I have heard learned counsel for the parties and with their valuable assistance and gone through the record of the case.