BANT SINGH Vs. MAN SINGH

JUDGEMENT

(1.) BANT Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction, quashing the orders of the Deputy Collector, Abohar, Divisional Canal Officer, and the Superintending Canal Officer, dated 19th February, 1970, 30th July, 1970, and 9th February, 1971 (copies Annexures 'b', 'c' and 'e' to the petition respectively), and also the order of the Superintending Engineer, dated 6th November, 1969 which had been approved earlier by the Chief Engineer, on 27th October, 1969, as contained in Annexure 'a' to the petition. The facts of this case as given in the petition may briefly be stated thus:-

(2.) THE petitioners and respondents 1 to 3 are co-sharers in outlet at RD No. 31970/tail Right. This outlet is on Khunan Minor which is 7 miles in length. Formerly the irrigation at Khunan Minor was 40% and later it was raised to 60%. Under the new scheme which has now been sanctioned, the irrigation has to be raised to 90% by remodelling the channel, that is, the Khunan Minor. Its banks will be raised 2 1/2 feet and its bed will also be widened to raw 50% more water. This remodelling of the outlet has not been done so far.

(3.) IT is further stated that Man Singh, respondent No. 1, applied for enhanced supply of water for his 10 acres of garden area, while Atma Singh and Nachhattar Singh sons of Man Singh applied for enhanced supply of water for 5 acres of garden area on 24th March, 1966. The petitioner Bant Singh also again applied for sanction of enhanced supply of water for his 7 acres of garden area. All the three cases were again examined by the Horticulture Department and the canal authorities and a recommendation was made that enhanced supply of water should be given to all the three gar- dens. The Superintending Canal Officer again refused to give enhanced supply of water for any of the gardens saying that A policy had been framed by the Government that enhanced supply should not be given on any outlet which was at the tail unless the tail was remodelled by increasing its supply from the existing 60% to 90%.