PRITAM SINGH Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed to quash the order of Divisional Canal Officer, Devigarh Division, Patiala vide Annexure P-2 and the order of Superintending Canal Officer, Bhakra Main Line Circle, Patiala vide Annexure P-3.

(2.) THE petitioner made an application to the Divisional Canal Officer to sanction a Khal on the common boundary of the adjacent owners. The petitioner is owner of the lands bearing Khasra Nos. 763, 764 and 766 The sanctioned Khal runs from North to South. For the purpose of appreciation of the real dispute involved in this writ petition, it is better to refer to Annexure P-1 in which the irrigation channels have been shown. Sangrur Distributory appears to be the main irrigation channel. From that channel, a Khal was carved out running through A B R D as shown in Annexure P-1. There is also a Khal from B to J in between Khasra Nos. 757 and 764. a separate Khal was ordered to be carved out from J to K running across the fields bearing Khasra Nos. 764. 763 and 766. The main grievance of the writ petitioner is that the newly carved out Khal-JK runs across his fields and divide his fields in Khasra Nos. 763 and 766 into, two portions. Therefore, he is deprived of his land and it has also become difficult for proper cultivation of his land as the continuity of his land has, been broken. Aggrieved by the order of the Authorities carving out a Khal i to K he filed this writ petition.

(3.) I , therefore, allow the writ petition and remand the matter to the Divisional Canal Officer Devigarh Division, Patiala for carving out a Khal in such a manner by avoiding the Khal bifurcating the land of the petitioner in Khasra Nos. 763 and 766 and a Khal could be sanctioned in between the boundary lines of the respective Khasra numbers as conveniently as possible.