Pritam Singh vs The Superintending Canal Officer and Others

T.H.B. Chalapathi, J.—This writ petition has been filed to quash the order of Divisional Canal Officer, Devigarh Division, Patiala vide Annexure P-2 and the order of Superintending Canal Officer, Bhakra Main Line Circle, Patiala vide Annexure P-3.

The petitioner made an application to the Divisional Canal Officer to sanction a Khal on the common boundary of the adjacent owners. The petitioner is owner of the lands bearing Khasra Nos. 763, 764 and 766 The sanctioned Khal runs from North to South. For the purpose of appreciation of the real dispute involved in this writ petition, it is better to refer to Annexure P-1 in which the irrigation channels have been shown. Sangrur Distributory appears to be the main irrigation channel. From that channel, a Khal was carved out running through A B R D as shown in Annexure P-1. There is also a Khal from B to J in between Khasra Nos. 757 and 764. A separate Khal was ordered to be carved out from J to K running across the fields bearing Khasra Nos. 764. 763 and 766. The main grievance of the writ petitioner is that the newly carved out Khal-JK runs across his fields and divide his fields in Khasra Nos. 763 and 766 into, two portions. Therefore, he is deprived of his land and it has also become difficult for proper cultivation of his land as the continuity of his land has, been broken. Aggrieved by the order of the Authorities carving out a Khal i to K he filed this writ petition.

A glance at Annexure P-l clearly shows that newly formed Khal JK divides the land of the petitioner bearing Khasra Nos. 763 and 766 and thereby causes an inconvenience to the writ petitioner. From the sketch. Annexure P- 1 it cannot be seen that it is possible to carve out a fresh Khal in between R and D of the sanctioned Khal. I am of the opinion that this, is a fit case for remanding the matter to the Divisional Canal Officer, Devigarh Division, Patiala, to decide the matter afresh for carving Khal in such a manner, not to cause inconvenience to the petitioner by dividing his land in Khasra Nos. 764, 763 and 766. A Khal can be carved out from J to S in between Khasra Nos. 764 and 763 and connect the same to the point ''K'' taking the irrigation channel in between Khasra Nos. 763 and 766 or to, carve out a Khal along the line R & D in between Khasra Nos. 765 and 772 and connect the same to the point Q'' as shown in Annexure P-l. This, is a matter. to be decided by the Divisional Canal Officer after taking into account the levels of the land on the field.

I, therefore, allow the writ petition and remand the matter to the Divisional Canal Officer Devigarh Division, Patiala for carving out a Khal in such a manner by avoiding the Khal bifurcating the land of the petitioner in Khasra Nos. 763 and 766 and a Khal could be sanctioned in between the boundary lines of the respective Khasra numbers as conveniently as possible.

With the above direction the writ petition is allowed and the matter is remanded back to the Divisional Canal Officer for fresh consideration of the matter, There will be no order as to costs.