High CourtsSingle Bench(2011) 01 P&H CK 0318

Harkrishan Lal vs Superintending Canal Officer and Another

Punjab And Haryana At Chandigarh · Decided on 31 January 2011

HON’BLE JUDGES
Ajai Lamba, J
CASE NUMBER
Civil Writ Petition No. 1716 of 2011

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Judgment

11 paragraphs · 374 words

Ajai Lamba, J.—This civil writ petition seeks issuance of a writ in the nature of mandamus directing Respondent No. 2 i.e. Divisional Canal Officer, Abohar Canal Division, Canal Colony, Tehsil Abohar, District Ferozepur, to take adecision on the application filed by the Petitioner.

2.

Learned Counsel for the Petitioner has drawn the attention of the Court towards Annexure P-1 i.e. application dated 2.7.2009filed on behalf of the Petitioner regarding installation of Jhatta (lift pump) in out let No. 72260-L Bhagsar Minor, village Jhottian Wali Ziledari Mahabadar.

3.

Notice of motion.

4.

Respondents have been served in Court through Mr. G.S. Attariwala, Additional Advocate General, Punjab. Requisite number of copies of the petition have been handed over to learned Counsel for the Respondents.

5.

In view of the nature of limited prayer, the petition is being disposed of at this stage itself.

6.

On perusal of Annexure P-2, I find that report from the local Ziledar has been sought which has been given. Subsequently, even Sub Divisional Officer on 15.9.2009, on consideration of the report of Ziledar, sent the case for further action. Thereafter, the matter is lying dormant without any action. It appears that having waited for a considerable time, vide Annexure P-4, an application has been made reminding the authorities in regard to pendency of proceedings.

7.

I am of the considered opinion that where important issues, such as irrigation, are involved, the authorities are required to deal with the cases with the urgency they deserve. Application, Annexure P-1, itself mentions that the land of the Petitioner lies at height because of which it is not possible to irrigate the same.

8.

Without commenting anything further, this petition is disposed of with a direction to Respondent No. 2 i.e. Divisional Canal Officer, Abohar Canal Division, Canal Colony, Tehsil Abohar, District Ferozepur, to deal with the matter within two months from today and pass appropriate orders as required by law while giving reasons.

9.

The Petitioner is directed to appear before Respondent No. 2 on 7.2.2011.

10.

Mr. G.S. Attariwala, Additional Advocate General, Punjab, is requested to convey a copy of the order to the relevant authorities for exact compliance.

11.

Copy of the order be given under signatures of Reader of the Bench.