Girdhari Lal and Another vs State of Punjab and Others

Ajai Lamba, J.—Learned Counsel for Respondent Nos. 5 and 6 contends that although the land of the private Respondents has been shifted to a chak different from the chak of Petitioners, however, the said order, transferring the land of private Respondents, has not been implemented. Till such time the order is implemented, land of the private Respondents needs to be irrigated from the existing source.

The grievance of the Petitioners is that the private Respondents want to draw water from the existing source in spite of transfer of their land to another chak.

Learned Counsel for the Petitioners has very fairly contended that till the order transferring the land of the private Respondents to another chak is implemented, the said Respondents can irrigate their land from the existing source.

The petition is disposed of with directions to Superintending Canal Officer, Ferozepur Canal Circle, District Ferozepur, to ensure that the land of Respondent Nos. 5 and 6 is transferred to another chak within a period of three months from today. Till that time, the land of the Respondents be irrigated from the existing source of irrigation.

In view of the above, order dated 19.5.2009 (Annexure P-3) passed by Superintending Canal Officer, Ferozepur Canal Circle, District Ferozepur, is quashed.

Let a copy of this order, under signatures of Special Secretary of the Bench, be given to Mr. Manoj Bajaj, Additional Advocate General, Punjab, for onward transmission to the Superintending Canal Officer, Ferozepur Canal Circle, District Ferozepur, for compliance.