MALA RAM Vs. SUPERINTENDING CANAL OFFICER & ORS.

JUDGEMENT

(1.) Present writ petition is directed against the order dated 04.09.2014 (Annexure P-7) passed by the Superintending Canal Officer, Bhakra Water Services Circle-1, Hisar-respondent No.1, whereby revision petition filed by the petitioner against the order dated 22.07.2013 (Annexure P-3) passed by the Divisional Canal Officer, Narwana Water Services Division, Narwana, District Jind-respondent No.2, was dismissed upholding the order passed by the Divisional Canal Officer. Notice of motion was issued, vide order dated 29.10.2014 but there was no interim order. Respondents filed their written statements and petitioner filed his replication. Thereafter, writ petition was admitted for regular hearing, vide order dated 21.01.2016 and it was also observed that pendency of the writ petition would not mean any impediment in the way of executing the impugned order.

(2.) Feeling aggrieved in the absence of any interim order, petitioner filed LPA No.247 of 2016 against the admission order dated 21.01.2016 but said order was not modified nor any interim order was granted by the LPA Bench while disposing the LPA, vide its order dated 05.09.2016. However, direction was issued to the Registry to list the writ petition for early hearing. That is how, this Court is seized of the matter.

(3.) Heard learned counsel for the parties. It is a matter of record that since parties to lis were co-sharers in the joint khata, partition proceedings were carried out and it came to be finalized in the year 2008. Khatoni partition dated 03.10.2008 was prepared and khasra Nos.8/2 (0-8), 9/3 (0-13) and 10/3 (0-5) were kept reserved for watercourse. It is so recorded in the khatoni partition and these above said three pieces of land have been recorded as gar mumkin khal (watercourse). Respondent No.4, alleging that petitioner has dismantled the watercourse through khasra No.9/3, approached the canal authorities for restoration thereof. His application was dismissed by Sub Divisional Canal Officer, vide order dated 26.03.2013 (Annexure P-1).