High CourtsSingle Bench(2020) 02 P&H CK 0075

Surjit Singh vs Divisional Canal Of ficer And Others

Punjab And Haryana At Chandigarh · Decided on 10 February 2020

HON’BLE JUDGES
Sudhir Mittal, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 11015 Of 2019 (O&M

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

17 paragraphs · 232 words

Sudhir Mittal, J

C.M. No. 17878 of 2019

1.

The applicant wishes to place on record Annexure P-4.

2.

For the reasons mentioned in the application, the same is allowed. Annexure P-4 is taken on record.

3.

Application stands disposed of.

CWP No. 11015 of 2019

4.

On an application filed by respondent Nos. 4 to 6, the Sub Divisional Canal Officer ordered change of turn of water vide his order dated 8.4.2002.

The petitioner challenged the aforementioned order by an appeal dated 12.12.2017 and the same has been dismissed vide order dated 15.4.2018 as

being time barred.

5.

Learned counsel for the petitioner contends that the petitioner acquired knowledge of the order dated 8.4.2002 on 15.11.2017 on receipt of

information under the Right to Information Act, 2005. The appeal was filed within limitation from the date of knowledge and, thus, his appeal should

have been entertained.

6.

The contention is misconceived. A change in turn of water gets known to the co-sharers immediately. It cannot be believed that the petitioner

acquired knowledge only on 15.11.2017. The said plea has been set up only to get over the inordinate delay in filing the appeal. Obviously, the

petitioner has no real grievance and an appeal has been filed on account of some other reason. Thus, the impugned order does not suffer from any

illegality or irregularity.

7.

The writ petition is accordingly dismissed.