DAYA RAM Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) The present application has been filed under Sec. 151 of the Code of Civil Procedure read with Order 9 Rule 9 CPC, for restoration of the main writ petition i.e. CWP No. 4122 of 2025, which was dismissed for non-prosecution vide order dtd. 10/11/2025.

(2.) Briefly, respondent No.4 - Gian Parkash submitted an application before the Canal Authorities seeking approval for installation of Syphon pipe under the bricklined water course at outlet No. 26643/L Ramsra Minor, Village Rajjan Wali; on the plea that the water course of the aforesaid outlet passes through the area comprised in rectangle No.190, killa Nos.14/15/16-17; whereas, the area of respondent No.4, comprised in rectangle No. 190, killa Nos. 14/17/18-19/22/23-24, was situated on the other side of the bricklined water course. Accordingly, prayer was made that, in order to irrigate the said land, there was a requirement of laying a Syphon pipe under the bricklined water course at rectangle No.190, killa Nos.14-15.

(3.) Upon receipt of the aforesaid application, the matter was got inquired by the Field Staff. The concerned Ziledar, inspected the site and submitted his report with the recommendation to approve the Syphon at point-C under the water course and the matter was placed before the learned Deputy Collector, Abohar.