High Courts(2002) 08 P&H CK 0110

Ram Singh vs Sub-Divisonal Canal Officer, Kaithal Water Services Sub-Division and others

Punjab And Haryana At Chandigarh · Decided on 21 August 2002 · Citation: (2002) 2 PLJ 543 : (2003) 2 RCR(Civil) 643

HON’BLE JUDGES
V.K.Bali, J and Satish Kumar Mittal, J
CASE NUMBER
Civil Writ Petition No. 13206 of 2002

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Judgment

4 paragraphs · 198 words

V. K. Bali, J. (Oral)

1.

We find no infirmity or illegality in the impugned order, Annexure P10, dated 16.7.2002 passed by the Divisional Cana) Officer, W. S. Division, Kaithal. A firm finding of fact has been recorded and that too on inspection and checking of the records that petitioner has a Chak of other land Killa Nos. 25/2/10, 3/1, 8, 13/2 and 14 adjacent to Killa Nos. 25/15, 16, 17, 18, 23 to 25 which was found to be irrigated from the, watercourse GHI shown on the sketch of outlet RD 57670L Sangatpura Minor and further that holding of petitioner can well be irrigated from other sources and that being so, there was no Justification to restore demolished watercourse under Section 24 of the Canal Act.

2.

Despite findings to the effect aforesaid, so recorded in the impugned order, learned counsel for the petitioner vehemently contends that HI from GHI is not a sanctioned watercourse as it only passes dirty water. We are afraid, this contention of learned counsel cannot be accepted as GHI as a whole, has been shown on the sketch of outlet RD 57670L Sangatpura Minor and is a sanctioned watercourse.

No merits. Dismissed.