TEHEL SINGH Vs. SUPERINTENDING CANAL OFFICER FEROZEPUR

JUDGEMENT

(1.) THE lands of the 24 petitioners and respondents 6 to 9 are being irrigated from a common outlet RD. 64522-R Daulatpur minor, situate in village Diwan Khera, district Ferozepur. Respondents Nos. 3 to 5, who used to receive water for irrigating their own lands from another outlet (RD. 58230-R) of the same minor, applied for transfer of their 19 acres of land to the outlet from which the petitioners have been irrigating their land, and the Divisional Canal Officer, Abohar division, accepted their application by this order, dated 18th September, 1967, purporting to have been made under S. 30-B (2) of the Northern India Canal and drainage Act No. VIII of 1873 (herein after called the Act ). Aggrieved by this order, nine of the present petitioners preferred an application for revision before section (3) of Section 30-B of the Act. After hearing the parties, the superintending Canal Officer, however, dismissed the revision application by this order, dated 10th January, 1968. This is a laconic order, the operative part of which is in these words: "both the parties were present and heard in detail. Decision. The appeal is dismissed. "

(2.) IT is the validity of this order which is being questioned in these proceedings under Articles 226 and 227 of the Constitution.

(3.) THE sole contention raised by Mr. M. M. Punchhi, who appears for the petitioners, is that the impugned order of the Superintending Canal Officer, which does not mention any reason for rejecting the revision application and is not a speaking order, is no order in the eye of law and cannot be sustained, as it does not even indicate that he had applied hi mind to the merits of the case.