S DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution for the issuance of an appropriate writ, direction, or order.

(2.) Petitioners 1 to 7 and Respondents 5 to 11 are residents of village Behniwal, while petitioners 8 to 12 are the residents of the neighbouring village Dhinger, Tehsil Mansa, District Bhatinda. The lands of both the villages are irrigated by Jagga Branch of the Bhaini Distributary of the Malerkotla Branch of the Sirhind Canal. Prior to 29th October, 1964, there were two outlets on the said Jagga Branch at R.D. No. 48700-R, through which the lands of village Dhinger, belonging to petitioners 8 to 12, used to be irrigated, while the outlet at R.D. No. 45943-R used to irrigate the lands of petitioners 1 to 7 and respondents 5 to 12, who were residents of village Behniwal.

(3.) As a result of the new Chakbandi Scheme in implementation of the policy of the Government to eliminate small outlets by opening new and bigger outlets commanding larger area of land for irrigation, the two aforesaid outlets were amalgamated and a new outlet at R.D. 48000-R was ordered to be constructed by respondent 3 (Divisional Canal Officer) vide his order, copy of which is Annexure 'A' to the petition. Feeling aggrieved by that order, respondents 5 to 11 preferred an appeal before respondent 2 (Superintending Canal Officer), but were unsuccessful. They then filed a review-petition before respondent 2, who by an order (Annexure B), dated 12.5.1964, dismissed it. Thereafter, respondents 5 to 11 and some others filed Writ Petition No. 627 of 1964 on the 10th April, 1964. This petition was dismissed in limine on the 15th April, 1964 by the Motion Bench.