DALIP SINGH CHANDU RAM Vs. MANI RAM GUDARA

JUDGEMENT

(1.) THIS is a petition of writ moved by two petitioners, Dalip Singh and Hawa Small, assailing the order of Shri Mani Ram Gudara (respondent No. 1), Minister for irrigation and Power, Haryana Government. There arc 39 respondents in all, the second respon-dent being the Suprintending Canal Officer, Hissar and the remaining respondents are the residents of village Kirmara wno are interested in the warabandi from the canal outlet R. D 103712-R.

(2.) THE facts of this case are that the petitioners and respondents 3 to 39 are interest-ed in the warabandi which was sanctioned by the Deputy Collector, fatehabad, vide his order dated 6th of January, 1967 (Annexure R-2), under section 68 of the Northern India Canal and Drainage Act, 1873. After hearing the objections, the parties had unanimously agreed to an arrangement which was incorporated in the order of the Deputy Collector. The opera-tive part of the order runs as under:-

(3.) AN affidavit has been filed on behalf of the Superintending Canal Officer, Hissar (respondent No. 2 ). The main plea is that the orders of the Deputy Collector were very clear and "the Irrigation and Power Minister only repeated the orders of the deputy Collector. No orders were thus passed by the Irrigation and Power minister, Haryana Government, as alleged by the petitioners". It was also stated that the decision was taken by the Deputy Collector as per rules. There is a second affidavit filed by Shri Hari Singh Dabra, Irrigation and Power Minister, merely to the effect that the telegram was sent by his predecessor, Shri Mani Ram Gudara, who was the Irrigation and Power Minister.