RAJMAL Vs. CHIEF CANAL OFFICER/LCU

JUDGEMENT

(1.) The prayer in the present petition is for quashing of impugned orders dated 02.07.2013 (Annexure P-6) and 30.06.2014 (Annexure P-13) passed by respondents No.2 and 1, respectively. A further prayer has also been made for issuance of a direction for upholding the order passed by respondent No.3, whereby, the area of the petitioner has been transferred from outlet RD 5500-R Kharkara minor to outlet RD 7435-R Kharkara minor of Village Bharan Tehsil Meham, District Rohtak.

(2.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner moved an application before the Divisional Canal Officer, Rohtak W/S Division Rohtak for transfer of area 8/8 acre from outlet RD 5500-R Kharkara minor to outlet RD 7435-R Kharkara minor of Village Bharan Tehsil Meham, District Rohtak. The case was investigated into by S.D.C.O Madina W/S Sub Division, Rohtak and the same was recommended for transfer of the area. Accordingly, the scheme was prepared and subsequently, the case was published. The statements of the parties were recorded and thereafter, the application filed by the petitioner was allowed. The request of the petitioner was accepted as prayed for in the application. The order passed by the Divisional Canal Officer was implemented and Form 'A' was prepared. The case was approved for adjustment of outlet by stating that the expenses were to be borne by the beneficiaries. Said order passed by the Divisional Canal Officer was challenged before the Superintending Canal Officer by way of filing appeal and the same was allowed vide order dated 02.07.2013 and the order passed by the Divisional Canal Officer was set aside. Thereafter, the petitioner filed an appeal before the Chief Canal Officer by raising certain grounds but the said appeal was also dismissed vide order dated 30.06.2014.

(3.) The petitioner has filed the present petition for setting aside orders passed on 02.07.2013 (Annexure P-6) and 30.06.2014 (Annexure P- 13) passed by the Superintending Canal Officer and Chief Canal Officer, respectively.