SAJJAN KUMAR Vs. DIVISIONAL CANAL OFFICER

JUDGEMENT

(1.) CM-12768-CWP-2015 Civil Misc. application is allowed subject to all just exceptions. Annexures P/7 and P/8 are taken on record.

(2.) Brief facts of the case are that respondent no.4 ? Sadhu Ram son of Chandgi Ram moved an application for transfer of his area of 10.50 acres from outlet RD 43970-R to outlet RD 46100-R, Balsamand Sub Branch of village Niana on the ground that area in question was not getting proper irrigation from the existing outlet. The case was got considered by the various authorities. Ultimately, the matter was considered by the Divisional Canal Officer, Hisar Bhakra Canal Division, Hisar. Vide order dated 18.03.1991 (Annexure P/2), the Divisional Canal Officer after considering the merit, came to the conclusion that the area under transfer is 16 killas away from the existing source, but from the proposed source, it is only 6 killas. Against that order, petitioners preferred an appeal before the Superintendent Canal Officer, Hisar Bhakra Canal Circle, Hisar who vide order dated 21.06.1991 (Annexure P/3), set aside the order dated 18.03.1991 passed by the Divisional Canal Officer. Thereafter, respondent nos.4 to 9 preferred a revision before the Chief Canal Officer. The Chief Canal Officer, BWSU, Haryana Irrigation Department, Panchkula vide order dated 27.10.2010 (Annexure P/4) reversed the order of the Superintending Canal Officer. Against that order, petitioners filed C.W.P. No. 23336 of 2010 before this Court. This Court vide order dated 01.12.2014 (Annexure P/5) observed that the order earlier passed by the Chief Canal Officer was sketchy and the case was remanded to the Chief Canal Officer for fresh decision. After remand, the Chief Canal Officer has passed the impugned order dated 17.07.2015 (Annexure P/6). Hence, this writ petition.

(3.) I have heard learned counsel for the petitioners.