PAT RAM Vs. CHIEF CANAL OFFICER

JUDGEMENT

(1.) In this writ petition, the petitioners have challenged the order passed by the Chief Canal Officer, Haryana, Chandigarh, dated 23rd of September, 1977, on the grounds that they were the necessary party but were not made a party by Dalip Singh and Mam Raj in their appeal filed before the Chief Canal Officer, that the order passed by the Chief Canal Officer is not a speaking order, that the sketch dated 13.9.1977 did not give the correct facts and that the order made by the Divisional Canal Officer was correct.

(2.) It is not disputed that the petitioners were not made a party before the Chief Canal Officer although an objection to that effect had been raised by the counsel for the respondents. Moreover, the Chief Canal Officer has not given reasons for his findings. Thus, the order passed by the Chief Canal Officer cannot be said to be legally correct and the same is hereby quashed and the case sent back to the Chief Canal Officer, Haryana, Chandigarh, to decide the same after making the petitioners a party. The counsel for the parties have been directed to cause the appearance of their clients before the Chief Canal Officer, Haryana, Chandigarh on 10.5.1978.