SUKHWINDER SINGH Vs. SUPERINTENDING ENGINEER, SIRHIND CANAL, LUDHIANA

JUDGEMENT

(1.) CM No. 4842-LPA-2016

(2.) The facts necessary for adjudication of the present appeal as narrated therein may be noticed. Respondent No.4 filed an application before respondent No.3 for fixing the turn of water as per Sec. 68 of the Northern India Canal and Drainage Act, 1873 read with Appendix 'E' of the Punjab Irrigation Manual on the ground that he has to take his Nakka from point 'A' shown in the site plan, Annexure R-1. Prior to him taks of other shareholders also come. Khata No.123 of the appellants touches the main watercourse and the branch watercourse prior to the khata of respondent No.4 and as such he was entitled to turn of water after khata No.123. Respondent No.3 vide order dated 13.4.2011 (Annexure P-1) allowed the application by holding that as per the principle of 'first come first serve' khata No.123 comes first. Against the said order, appellant No.1 filed an appeal before respondent No.4 who vide order dated 13.2.2013 (Annexure P-2) dismissed the said appeal. Against the order, Annexure P-2, appellant No.1 filed an appeal before respondent No.1. Respondent No.1 vide order dated 1.8.2013 (Annexure P-3) allowed the appeal. Feeling aggrieved, respondent No.4 filed CWP No. 4864 of 2014 and this Court vide impugned order dated 31.5.2016 set aside the order, Annexure P-3 and restored that of the orders (Annexures P-1 and P-2, respectively). Hence, the present Letters Patent Appeal.

(3.) Learned counsel for the appellants submitted that the khata of the appellants touches on both the watercourses, i.e. watercourse emerging from point 'B' and part of the land on watercourse 'ABC' shown with arrows in the site plan, Annexure R-1. Further, the learned counsel supported the order dated 1.8.2013 (Annexure P-3) passed by respondent No.1.