DASSU Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) This writ petition of Dassu of village Bhayapur is directed against the orders passed by the canal authorities under the Northern India Canal and Drainage Act No. VIII of 1873 (hereinafter called the Act) transferring an area of 21.52 acres of land belonging to third respondent Ram Parkash for irrigation to outlet R.D 4335-R instead of R.D 3500-R of the Bohar Distributary.

(2.) The petitioner is a resident of Bhayapur as also the respondents 4 to 7 whose lands are being irrigated from outlet R.D. 4335-R. This outlet appears to serve the irrigation needs of the lands located in village Bhayapur. On July 24, 1967, Ram Parkash, the third respondent, of village Bhayapur whose lands were being irrigated from outlet R.D. 3500-R of Bohar Distributary, applied that 21.52 acres of his land should be transferred for irrigation service to R.D 4335-R. Without hearing the applicant, the request was at first turned down, Later, it was pointed out to the Divisional Canal Officer by the Sub-Divisional Officer concerned that the land of the third respondent was already being irrigated through the water of R.D. 4335-R though this was in contravention of the existing scheme ('Khilaf Chak'). Noting that the existing state of affairs called for action, the Divisional Canal Officer proceeded under the provisions of Section 30-B of the Act. Under sub-section (1) of Section 30-A

(3.) The scheme as required by Section 30-B was published and notices, were issued to the shareholders concerned. On the date of hearing which was fixed for January 22, 1968, the petitioner was present and indeed he was the only objector. Sub-section (1) of Section 30-B requires that :-