GULAB SINGH Vs. DIVISIONAL CANAL OFFICER

JUDGEMENT

(1.) THIS writ petition has been directed against the order of the Divisional Canal Officer, Bhiwani (Annexure P -2) reversing the order of the Sub Divisional Canal Officer, Bhiwani. The question involved herein being short one, we have thought it appropriate to dispose of the writ petition at the stage of motion hearing.

(2.) IN order to appreciate the question in controversy it is necessary to have a look on the facts of the case. The petitioner filed an application under Section 24 of the Haryana Canal and Drainage Act, 1974 (for short 'the Act') for restoration of the water course on the ground that respondent No. 3 has dismantled the same. The application was allowed by the Sub Divisional Officer. The operative part of the aforementioned order is as under : -

(3.) AGAINST the aforesaid order, respondent No. 3 filed an appeal before the Divisional Canal Officer who has passed the following order : -