CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal under clause 10 of the Letters Patent from a judgment dated the 15th November, 1976 of Sandhawalia, J., dismissing with costs a petition filed by the appellants under Articles 226 and 227 of the Constitution of India in which the prayer made was that the order of the Superintending Canal Officer dated the 14th of January, 1975, directing that an area of 156/159 acres and another of 22/18 acres be transferred from outlet RD 14300/TR Minor No. 5. Budhalada Branch to outlet RD 71449/ TL, Biroke Branch be quashed.

(2.) THE impugned order is attached on the ground that the learned Single Judge started with the basic error and that was comprised of the assumption that the Divisional Canal Officer whose order was dealt with in appeal by the Superintending Canal Officer had merely modified and not totally rejected the scheme framed under section 30A of the Northern India Canal and Drainage Act, 1973. It is common ground between the parties that if the Divisional Canal Officer had totally rejected the scheme, the order of the Superintending Canal Officer would be without jurisdiction as he could entertain an appeal only from an order wholly rejecting it. We think that the challenge to the impugned judgment is well -founded. The order of the Divisional Canal which was modified in appeal by the Superintending Canal Officer starts with a statement declaring the nature of the case before him to be this : -