MURLI DHAR MEHTA Vs. YASH PAUL

JUDGEMENT

(1.) SHRI Murli Dhar Mehta has filed the present writ petition under Articles 226/227 of the Constitution of India against the respondents No. 1 to 4 i.e. Yash Paul son of Gurbax Rai; Deputy Collector, Sirsa, Divisional Canal Officer Sirsa Division and Superintending Canal Officer, Sirsa for issuance of a writ in the nature of certiorari praying for the quashment of orders Annexures P2, P3 and P4 respectively.

(2.) IT has been averred by the petitioner that he as well as respondent No. 1 Yash Paul irrigate their lands from outlet R.D. 131200-R Sheikhpura Disty Village Alika. One Ram Kishan moved an application under Section 55 of the Haryana Canal and Drainage Act, 1974 (hereinafter called the Act) for the change of warabandi of the canal water. The Deputy Collector, Sirsa Division, respondent No. 2 consolidated the holding of respondent No. 1 Yash Paul in Rect. No. 48 inspite of the fact that major portion of his holding measuring 20 acres falls in Rect. Nos. 66 and 51 at Khata No. 27. Aggrieved by the order Annexure P2 passed by respondent No. 2, the petitioner filed an appeal before respondent No. 3, Divisional Canal Officer, under Section 55(5) of the Act and his appeal was also dismised by respondent No. 3 without applying the mind. Thereafter the petitioner filed a revision against the said order before the Superintending Canal Officer, respondent No. 4 who also dismissed the same on 5.10.1987 vide Annexure P4. Attack has been made by the petitioner Murli Dhar in the present writ petition to the orders Annexures P2, P3 and P4 on the ground that those are non-speaking one and the authorities have not complied with the mandatory provisions of the law before passing the said orders. It was further contended that the principles of natural justice have not been adhered to by the respondent-authorities in passing the orders Annexures P2, P3 and P4.

(3.) IN support of their contentions, the parties have also placed some documents and I will make a brief reference of the relevant Annexures in the subsequent portion of the judgment. Section 55 of the Act deals with the powers of the Deputy Collector to order use or distribution of water and settlement of differences. This section reads as follows :-