BHARPUR SINGH Vs. SUPERINTENDENT CANAL OFFICER AND OTHERS

JUDGEMENT

(1.) In pursuance of the order dated 19.09.2015 Sh. Dalbir Singh Dhaliwal, Divisional Canal Officer and Sh. Ashish Midha, Superintending Canal Officer are present in Court. Sh. Ashish Midha, Superintending Canal Officer, Patiala has filed affidavit in Court today. The same is taken on record.

(2.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the orders dated 17.09.2014 (Annexures P-4 and P-5) passed by respondent No. 1 and order dated 10.12.2013 (Annexure P-3) passed by respondent No. 2.

(3.) Brief facts of the case are that respondent No. 4 moved an application before respondent No. 3 for amendment of the warabandi. In pursuance of that, after considering the site plan got prepared from Circle Canal Patwari and statements of concerned co-sharers, Ziledar submitted report to the Deputy Collector and recommended that the application of respondent No. 4 may be filed for the reasons that the length of watercourse ACD going to land of petitioner is more than the length of watercourse AB of the respondent No. 4. It was further recommended that the existing wari is correct. The Deputy Collector after considering the claim of the respective parties, passed the following order :-