RESHAM SINGH AND OTHERS Vs. SUPERINTENDENT CANAL OFFICER

JUDGEMENT

(1.) Challenge in this writ petition is, to orders dated 14.12.2001, 6.8.2003 and 4.12.2003 passed by the Divisional Canal Officer, Faridkot Canal Division, Faridkot and the Superintending Canal Officer, Sirhind Canal Circle, Ludhiana respectively.

(2.) The grievance of the petitioners is that the canal authorities should not have allowed respondent no.3s request for change of his land measuring 6/7 acres from out let Burji No.76625/TF Rajbaha Mari to outlet Burji No.10600-R Gandhara Minor.

(3.) It is contended by counsel for the petitioners that before allowing respondent no.3s application, the petitioner was never served. He, therefore, filed an application for review on 5.6.2003, which was dismissed on 6.8.2003. His appeal challenging the aforementioned order was dismissed on 4.12.2003. It is contended that the impugned orders are illegal and void as the mandatory provisions of Section 20 and 30-B of the Northern India Canal and Drainage Act, 1873 have been violated. The petitioners were never served or summoned by the authorities. It is further asserted that the respondents land is at a distance of 50 acre,and would affect irrigation to the petitioners land.