JAGDISH Vs. DEPUTY COLLECTOR, GHAGGAR DIVISION

JUDGEMENT

(1.) Present writ petition is directed against the order dated 6.1.1997 (Annexure P-5), whereby appeal of the petitioners was dismissed and the order dated 13.2.1996 (Annexure P-4) passed by the Divisional Canal Officer-respondent No.2, was upheld.

(2.) Notice of motion was issued and operation of the impugned orders was stayed by a Division Bench of this Court vide order dated 1.4.1997. Written statement on behalf of contesting-respondent No.5 was filed. Thereafter, the writ petition was admitted for regular hearing vide order dated 12.10.1998. That is how, this Court is seized of the matter.

(3.) Learned counsel for the petitioners, while placing reliance on (Annexure P-1), i.e. warabandi (turn of water) of the parties and site plan (Annexure P-2), submits that in the circumstances of the case, order dated 26.10.1995 (Annexure P-3) passed by the Deputy Collector, Ghaggar W/S Division, Sirsa, was the perfect order and nobody was aggrieved against it. However, respondents No. 4 and 5 unnecessarily racked up the issue before the Divisional Canal Officer who changed the turn of water of the petitioners behind their back, vide impugned order dated 13.2.1996 (Annexure P-4). When the petitioners filed appeal before the Superintending Canal Officer, he also failed to appreciate the factual position obtaining at the site, while passing the impugned order dated 6.1.1997 (Annexure P-5), thereby causing manifest injustice to the petitioners. He prays only for limited modification in the order dated 13.2.1996 (Annexuer P-4) to the effect that turn of water of the petitioners may be kept at Sr. Nos. 13 and 14.