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Harnek Singh and Anrs v. Superintending Canal Officer, I.B. Circl - CWP-18680-2006  RD-P&H 11065 (22 November 2006)
C.W.P. No. 18680 of 2006
Date of decision: November 27, 2006
Harnek Singh and Anrs .........Petitioners Versus
Superintending Canal Officer, I.B. Circle, Patiala & Ors. ...........Respondents
CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON'BLE MRS. JUSTICE NIRMAL YADAV
Present: Mr. Vijay Sharma, Advocate
for the petitioners
ASHUTOSH MOHUNTA, J (Oral)
The petitioners have impugned the order dated 06.10.2004 (Annexure P-5), passed by the Divisional Canal Officer, Mansa Division as well as the order dated 28.04.2005 ( Annexure P-7), passed by the Superintending Canal Officer, I.B. Circle, Patiala, by which the watercourse 'B to B-1', which was demolished, has been ordered to be restored.
Before ordering restoration of the watercourse, a report was sought from the Ziledar, Mansa, who reported that the watercourse in dispute was running on the southern watt of killa No. 124//22 and, that there were marks of demolished watercourse, which are clearly visible.
On perusal of the spot inspection report as well as the fact that the irrigation to the fields of respondent No.3 has been completely blocked, the Canal Authorities have ordered the restoration of the watercourse in dispute.
We find no infirmity in the impugned orders and, accordingly, the writ petition is dismissed.
( ASHUTOSH MOHUNTA)
( NIRMAL YADAV)
November 27, 2006
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