Pritam Singhg And Anr vs Superintending Canal Officer And Ors
2025 Latest Caselaw 4776 P&H

Punjab-Haryana High Court

Pritam Singhg And Anr vs Superintending Canal Officer And Ors on 4 November, 2025

                               118+213

                                             IN THE HIGH COURT OF PUNJAB & HARYANA
                                                       AT CHANDIGARH

                                                                   ****


                                                                           Date of Decision: 04.11.2025

                               Pritam Singh and another
                                                                                             ..... Petitioners

                                                                  Versus


                               Superintending Canal Officer, Ferozepur and others
                                                                                           ..... Respondents

                               CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

                               Present:     Mr. Surinder Pal Singh Tinna, Advocate
                                            for the petitioners.

                                            Mr.




                                                        *****

                               HARSH BUNGER J. (ORAL)

CM-1456-CWP-2025:

Prayer in the present application is for placing on record reply

dated 29.01.2025 filed on behalf of respondent No.3.

For the reasons mentioned in the application, reply dated

29.01.2025 filed on behalf of respondent No.3 is taken on record, subject to

all just exceptions.

Application is accordingly disposed of.

CWP-4335-2023:

Petition herein is, inter alia, seeking a writ in the nature of

Certiorari for setting aside order dated 24.05.2021 (Annexure P-2) passed by

learned Divisional Canal Officer, Abohar Canal Division, Abohar and order

dated 28.10.2021 (Annexure P-4) passed by learned Superintending Canal

Officer, Ferozepur Canal Circle, Ferozepur, whereby the prayer made by

respondent No.3 for restoration of the watercourse has been allowed.

2. Learned counsel for the petitioners, inter alia, submits that the

canal authorities below while directing restoration of the watercourse vide

the impugned orders have not recorded any findings as to whether the

watercourse in question which is sought to be restored, is either sanctioned

by law, by agreement or by a prescription. He further places reliance upon

the judgments rendered by the Division Bench of this Court in the case of

"Jagar Singh vs. Superintending Canal Officer and others, 1972 PLJ 147"

and "Joginder Singh vs. The Sub Divisional Canal Officer, Ghaggar

Water Services, Sub Division Tohana, 2003(2) RCR (Civil) 768".

3. At this stage, learned counsel for respondent No.3 has not raised

any dispute to the aforesaid legal position as culled out in the cases of Jagar

Singh and Joginder Singh (supra).

3.1 Learned counsel for respondent No.3 further submits that

respondent No.3 would have no objection if the impugned orders are set

aside and the matter is remanded to learned Divisional Canal Officer,

however, he submits that time bound directions may be issued for the

decision of the said case.

4. Learned counsel for the petitioners and learned State counsel do

not raise any objection to the aforesaid course of action being adopted.

5. In view of the broad consensus arrived at between the parties,

the present writ petition is partly allowed. The order dated 24.05.2021

(Annexure P-2) passed by learned Divisional Canal Officer, Abohar Canal

Division, Abohar and order dated 28.10.2021 (Annexure P-4) passed by

learned Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur,

are set aside and the matter is remanded to the Court of Divisional Canal

Officer, Abohar Canal Division, Abohar, for deciding the matter afresh, in

accordance with law, after affording due opportunity of hearing to all the

concerned parties and giving a clear finding as to whether the watercourse

regarding which the restoration is being sought, is either sanctioned by law,

by agreement or by prescription.

6. Let the aforesaid exercise be carried out within a period of three

months from today. The parties are directed to appear before the learned

Divisional Canal Officer, Abohar Canal Division, Abohar, on 18.11.2025.

6.1 It is further directed that in case any of the parties is aggrieved

against the order to be passed by learned Divisional Canal Officer and

chooses to file an appeal, the appellate authority shall also make an earnest

endeavor to decide the appeal within a period of three months from the date

of its filing.

7. Keeping in view the above, the present petition is disposed of

accordingly.

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

                               04.11.2025                                              (HARSH BUNGER)
                               Apurva                                                       JUDGE


                                                1. Whether speaking/reasoned :         Yes/No

                                                2. Whether reportable            :     Yes/No