KASHMIR SINGH Vs. SUPERINTENDING CANAL OFFICER AND OTHERS

JUDGEMENT

(1.) C.M. No. 1242-LPA of 2017

(2.) This appeal is directed against the judgment of the learned Single Judge dated 16.12016.

(3.) The respondents moved an application before the canal authorities seeking restoration of the watercourse which was allegedly demolished by the appellant, which prayer was accepted, and aggrieved against the order of the canal authorities the present appellant resorted to an ill-conceived remedy of filing a civil suit which lingered on for six long years with an injunction in his favour. Eventually, the civil suit was partially accepted where injunction was granted but the impugned order of the canal authority was not set aside for lack of jurisdiction. The appellant then preferred a Civil Writ Petition against the order of the canal authorities of which he was aggrieved, which has been dismissed by the learned Single Judge primarily on the ground that the arrangement granted by the canal authorities by restoring the demolished water course has been in existence for the last six years and the appellant was unable to point out any prejudice to the arrangement offered by the impugned order of the canal authorities. Besides this, the delay of six years in approaching the court was also adversely commented upon and the explanation offered by the appellant of filing a civil suit against the order of the canal authorities was not appreciated.