KARTAR SINGH Vs. SUPERINTENDING IRRIGATION

JUDGEMENT

(1.) THE petitioners are cultivating square Nos. 2, 7, 24, 35 and 51 of Chak No. 34 GG in Tehsil Sri Ganganagar. The existing water Course for cultivating the aforesaid field used to run diagonally across square No. 51 and then in a straight line from stone line No. 108/167 to 108/164. The petitioners represented to the Divisional Irrigation Officer (North), Sri Ganganagar by an application dated July 5. 1972 that the slope of the land in their squares was from east to west and as the existing watercourse was situated on the western side of square Nos. 2, 7, 24 and 35 it was not possible for them to irrigate the entire land of these squares, with the result that the eastern part of the land of the aforesaid squares remained without irrigation, The petitioner sought permission to construct a water course on the eastern side of the aforesaid squares, so that the water course may run in a straight line from stone point 107/168 to 107/164.The petitioners also submitted that they would themselves bear the expenses to be incurred in constructing the new water -course.

(2.) THE Divisional Irrigation Officer on receipt of the application of the petitioners issued a general notice to the occupants of all the lands in Chak -34 GG inviting objections, if any, regarding the shifting of the watercourse as proposed by the petitioners. The Divisional Irrigation Officer, after hearing the objections and after taking into consideration the killa levels of the land in square Nos. 2, 7, 24, 35 and 51, came to the conclusion that the slope of the land was from east to west and the level of the proposed watercourse at stone line 107 would be higher than at stone line 108, where the existing water -course was situated. The Divisional Irrigation Officer, therefore, held that it would be desirable, in the interests of better irrigation facilities, that the water -course should be shifted to higher level, namely from stone line 108 to stone line 107. He also directed that double 'nakas' should be provided in the proposed water -course in the interest of better irrigation. The counsel for the objectors also agreed to the proposal put by the Divisional Irrigation Officer and a consent order was passed by him on January 19, 1973.

(3.) IN this writ petition it was argued by the learned Counsel for the petitioner that the Superintending Irrigation Officer took note of the fact that the killa levels of square Nos. 2, 7, 24, 35 and 51 which were irrigated by the petitioners, showed that the slope of the land of these field, was from east to west but inspite of this fact, he erroneously proceeded to set aside the order passed by the Divisional Irrigation Officer, which was passed with the consent of all concerned cultivators and was in the interests of improving the irrigation facilities in the chak.