High Court of Punjab and Haryana, Chandigarh
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Mukhtiar Singh v. The Superintending Canal Officer and Ors - CWP-2379-2006  RD-P&H 9588 (31 October 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.2379 of 2006
Date of decision: November 09, 2006
Mukhtiar Singh .........Petitioner
The Superintending Canal Officer and Ors. ...........Respondents
CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON'BLE MRS. JUSTICE NIRMAL YADAV
Present: Mr. Sandeep Khunger, Advocate
for the petitioner
ASHUTOSH MOHUNTA, J (Oral)
The petitioner is aggrieved by the order dated 01.04.2004 (Annexure P-5), passed by the Superintending Canal Officer, Ludhiana, by which the review petition (Annexure P-6) filed by the petitioner was dismissed.
A perusal of the impugned order shows that the petitioner was not even a party either before the Divisional Canal Officer or the Superintending Canal Officer. Even on merits, the case of the petitioner is that he has suffered an irreparable loss as the watercourse 'AB' has been dismantled by respondent Nos. 3 to 7.
We have perused the site plan, which is annexed with the petition as Annexure P-1, and perusal of the same shows that the petitioner is already irrigating his land through the watercourse 'CD', which passes through his C.W.P. No.2379 of 2006 2
fields and, therefore, the petitioner is not entitled to have the watercourse at points 'AB' .
We find no merit in this writ petition and the same is accordingly dismissed.
( ASHUTOSH MOHUNTA)
( NIRMAL YADAV)
November 09, 2006
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