RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting aside order dtd. 20/5/2024 passed by learned Single Bench, whereby CWP No. 10866 of 2024 filed by appellant/writ-petitioner was dismissed.

(2.) It was pleaded in the writ petition that private respondents i.e., 5 to 7 in the present appeal filed an application under Sec. 18 (2) of Haryana Canal and Drainage Act 29 of 1974 (for short 'Drainage Act') for sanction of water-course E-F in the Chak of outlet RD No. 15059/L Gangeser Distributory in village Kurana, Tehsil Israna, District Panipat. It was pleaded that though the writ-petitioner and other co-sharers did not give their consent, Divisional Canal Officer, vide order dtd. 5/6/2023 proceeded to illegally sanction the water-course on compensation basis from point E-F in Killa No. 19//4 eastern side at the Southern-Northern dowl. Appeal filed by appellant/writ-petitioner was dismissed by Superintending Canal Officer on 7/7/2023 while finding no merit therein. Revision petition filed by appellant/writ-petitioner was also dismissed vide order dtd. 5/3/2024. Aggrieved therefrom, CWP No. 10866 of 2024 was filed.

(3.) Learned Single Bench, upon considered the facts and circumstances as well as submissions of the counsel and Divisional Canal Officer, who it is recorded remained present before the Writ Court along with the site plan and other record on 20/5/2024, concluded that there was no infirmity or illegality in the impugned orders. Hence the writ petition was dismissed.