Mahla Singh vs The Superintending Engineer (Canal) and Others

I.S. Tiwana, J.—The Petitioner impugns order dated December, 14, 1970, passed by the Superintending Engineer (Canal) fixing the Wara-bandi of the share-holders of outlet No. 71500 Rajwaha Pakka on the solitary ground that the said order has been passed to his detriment without serving him with any prior notice. This factual averment made by the Petitioner has been denied by the Divisional Canal Officer in his written statement by way of an affidavit wherein it has been claimed that a general notice under the provisions of Rule 79 by way of proclamation was served on all the share-holders of the outlet. In response to this notice, in fact, as many as 7/8 share-holders put in appearance before the authorities. In the face of this stand of the Respondent-authorities the solitary ground of attack raised by the Petitioner obviously is devoid of any substance. Otherwise also, I find that the impugned order was passed in the year 1970 and the present petition was filed in the year 1971, it would not be in the interest of justice to unsettle the settled matter on purely a technical ground.

For the reasons recorded above, I do not find any merit in this petition and dismiss the same but with no order as to costs.