SHAVINDER SINGH Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) PETITIONERS seek issuance of a writ of certiorari for setting aside the order passed by the Superintending Canal Officer dated 30. 3. 1989 affirming the order of the Divisional Canal Officer dated 28. 1. 1988 or for issuance of any other appropriate writ, order or direction.

(2.) RESPONDENT Nos. 2 to 8 filed an application before the Divisional Canal Officer for transferring their area measuring 87 acres from outlet RD No. 12611/l Rattewala to outlet No. 15000/l. As per application, it was stated that outlet No. 12611/l is at a low lying place and so the applicants are not getting proper irrigation for their land. This was contested by the present petitioners stating that the level of outlet No. 12611/l is at least 5 feet higher than the level of outlet No. 15000/tl. Divisional Canal Officer on considering the matter found substance in the plea of the respondents and so ordered for transfer of the area of the respondents vide order dated 28. 1. 1988. The appeal preferred against this order of the Divisional Canal Officer was dismissed by the Superintending Canal Officer vide order dated 30. 3. 1989.

(3.) SEPARATE written statements have been filed by respondent No. 1 and respondents No. 2 to 5, 7 and 8. All the material averments made in the petition have been specifically denied/controverted. The official respondent has justified the passing of the order stating that both the impugned order are in conformity with the provisions of the Act and the Rule. It is after spot inspection and keeping in view the interest of the irrigation that the petitioner's case was found meritorious. Similarly, private respondents too have controverted all the material averments made by the petitioner. According to the contesting respondents, in fact, each and every objections now being highlighted has been specifically examined by the authorities and finding the same to be devoid of any substance passed the order transferring the area of the answering respondents as prayed for.