Balveer Singh And Ors vs Superintendent, Canal Officer, ...
2024 Latest Caselaw 18893 P&H

Punjab-Haryana High Court

Balveer Singh And Ors vs Superintendent, Canal Officer, ... on 25 October, 2024

Bench: G.S. Sandhawalia, Meenakshi I. Mehta

                                Neutral Citation No:=2024:PHHC:140738-DB




114
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH

(1)                                           LPA No.2511 of 2024 (O&M)
                                             Date of Decision: 25.10.2024

Balveer Singh and others
                                                               .....Appellants.
                                    Versus

Superintendent, Canal Officer, Ludhiana Canal Circle and others
                                                              .....Respondents.

(2)                                          LPA No.2532 of 2024 (O&M)


Sukhjit Singh
                                                                .....Appellant.
                                    Versus

Superintendent, Canal Officer, Ludhiana Canal Circle and others
                                                              .....Respondents.

CORAM:       HON'BLE MR. JUSTICE G.S. SANDHAWALIA
             HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

                                     *****
Present:-    Mr. Gurbachan Singh Bhatia, Advocate
             for the appellants in both the cases.

G.S. SANDHAWALIA, J.(Oral)

The present Letters Patent Appeals are directed against the

judgment dated 12.08.2024 passed by learned Single Judge, whereby the

writ petition filed by the appellants was dismissed.

2. Learned counsel for the appellants has taken us to the Level

Sheet Annexure A-1 appended along-with the application under Order 41

Rule 27 CPC to depict that the level of their land is higher from the new

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Neutral Citation No:=2024:PHHC:140738-DB

with 1 connected case -2-

outlet 7040/R which was initially opted for from the old outlet 3912/L. It is

submitted that the water course at 3912/L is at a higher level and the land is

situated at lower level from where the water flow will come naturally to the

fields of the present appellants and this aspect could not be highlighted

before learned Single Judge.

3. Keeping in view the fact that the writ petition was dismissed

in limine and the document Annexure A-1 was not before the learned

Single Judge, we are of the considered opinion that this issue can be raised

before the learned Single Judge whose decision is based solely on the

ground that the appellants themselves opted for the change of the outlet and

they cannot be permitted to blow hot and cold.

4. Since the whole purpose of the appellants is to ensure better

irrigation to their fields and the additional evidence goes on to show that the choice of shifting the outlet which has been adopted was not proper, it

is contended that the permission be granted to file the review. Reference is

also made to the Report dated 17.08.2022 of the Ziledar, Moga (Annexure

P-3) whereby recommendation has been made that the area be included in

Mogha Burji 3912/L Dharamkot minor is in the interest of better irrigation.

5. In view of the above observations, the present appeals are

allowed to be dismissed as withdrawn with liberty to the appellants to

approach the learned Single Judge.

                                                   (G.S. SANDHAWALIA)
                                                          JUDGE




                                                 (MEENAKSHI I. MEHTA)
October 25, 2024                                       JUDGE
Yag Dutt
                   Whether speaking/reasoned:    Yes
                   Whether Reportable:           No




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