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Judgment
The petitioner by way of this writ petition has prayed as under:-
“1. Issue an appropriate writ, order or direction, thereby the respondents be directed to produce all record with regard to Didwali Minor canal part
of Gurgaon Canal Project before this Hon’ble Court and the matter be sent for enquiry before Special Operation Group (SOG) for investigation.
Issue an appropriate writ, order or direction, thereby the respondents be directed to
conduct detailed inquiry with regard to Gadget notification, Acquisition, Compensation, Mutation and Alignment of Didawali Minor Canal part of
Gurgaon Canal Project.
Issue an appropriate writ, order or direction, thereby the respondents may be directed to prepare the map of Didwali Minor canal on the basis of
remanents available on the site.
Issue an appropriate writ, order ordirection, thereby the respondents may be directed to provide information sought by the petitioner under Right to
Information Act with regard to Didawali Minor.
Issue an appropriate writ, order ordirection, thereby the respondents may be directed to take actions against the Officers of respondents department
those are failed to perform their duties.
Issue an appropriate writ, order ordirection, the respondent HPCL may kindly be directed not to issue letter of intent and other permission of RO
Dealership at Between KM Stone 40 to 45 on SH. 44 (Deeg-Kama Road) District Bharatpur under OBC category till disposal/enquiry.
Issue such order or directions, which may be deemed, fit in the facts and circumstances of the case in favour of the petitioner.
Cost of the petition may kindly be allowed in favour of the petitioner.â€
Learned counsel for the petitioner submits that the land which has been purchased by the concerned allottee who has been allotted the petrol pump,
was the land which was acquired for the Didwali Minor canal project and therefore could not have been purchased nor the same could have been
allotted for the purpose of RO dealership.
The petitioner had also applied for dealership but was not selected and placed in the panel at No.2. He filed S.B. Civil Writ Petition No.8910/2017
before this Court wherein he sought permission to make a representation to the respondents. The Court disposed of the writ petition with the
observations that the representation be decided with a speaking order.
The petitioner has now filed the present writ petition with the aforesaid prayers.
A look at the order passed on the representation dated 31.07.2017, it appears that the Tehsildar after having examined all the aspects, had reached
to the conclusion that the land which was to be reserved for the Didwali Minor canal, is not recorded. The documents have not been placed by the
concerned department before the Tehsildar, thus, there is no documentary evidence to prove the contentions as submitted by the petitioner.
A look at the documents received under the Right to Information Act by the petitioner goes to show that the land in Khasra No.1764 was originally
in khatedari of Bhola son of Shri Jhandu. Out of the said land, it appears that 9 biswa of land was acquired while 0.24 hectares remained with the
original khatedar who has sold the land of 0.24 hectares to Smt. Usha Devi. Thus, the contention of the petitioner is not made out that the land which
has been purchased by the concerned allottee was an acquired land in the canal. Apart from the aforesaid factual aspects, this Court finds that the
petitioner has not even impleaded the concerned allottee as a party to the writ petition.
 7. The writ petition thus fails and is accordingly dismissed.