Gurmail Singh vs State Of Punjab And Others
2024 Latest Caselaw 16333 P&H

Punjab-Haryana High Court

Gurmail Singh vs State Of Punjab And Others on 5 September, 2024

               CWP-22309-2024                                                                      -1-

               129

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                                  ****
                                                                           CWP-22309-2024
                                                                           Date of Decision: 05.09.2024

               Gurmail Singh                                                                ....Petitioner


                                                                Versus


               State of Punjab and others                                                 ....Respondents


               CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

               Present :                 Mr. Ajeet Pal Singh Pakka, Advocate
                                         for the petitioner.

                                                            ***

               HARSH BUNGER, J. (Oral)

1. The present petition has been filed under Articles 226/227 of the

Constitution of India seeking issuance of writ in the nature of mandamus for

directing the official respondents to restore the connecting watercourse

falling in Khewat No.779 Khatauni No.1801 Khasra No.230/1 pertaining to

outlet RD 24050/TF Giana Branch, being used by the petitioner from the

time of his forefathers for the last more than sixty years, which has been

illegally captured by the private respondents and further to direct the official

respondents to allow the petitioner to take water from already existing

watercourse of RD 24050/TF Giana Branch.

1.1 A further prayer has been made for directing the official

respondents to decide the representation dated 05.08.2024 (Annexure P-9) of

the petitioner in a time bound manner.

HIMANI GUPTA 2. At the outset, learned counsel for the petitioner submits that the

authenticity of this document/judgment

Canal Authorities are not implementing the order dated 05.08.2024

(Annexure P-10), issued by the Divisional Canal Officer, Mansa under

Section 32 of the Northern India Canal & Drainage Act, 1973.

3. Mr. Navneet Singh, Sr. DAG, Punjab, who has appeared on

behalf of respondent/State in this case, pursuant to the advance copy of

petition having been sent to the State, submits that as regards the grievance

raised by the petitioner, he may file an appropriate application before the

concerned Divisional Canal Officer. In case any such application is filed, the

same would be considered and decided by the said Authorities within a

period of three weeks from the date of filing of such application.

4. In view of the statement made by learned State counsel, learned

counsel for the petitioner submits that he does not press the instant petition

any further.

5. In view of the aforesaid submissions made by the respective

counsel, the petition is disposed of, accordingly.

6. All pending application(s), if any, shall also stand closed.

               05.09.2024                                                       (HARSH BUNGER)
               Himani                                                               JUDGE

               Whether speaking/reasoned:                   Yes/No
               Whether reportable:                          Yes/No







authenticity of this document/judgment