High Court of Punjab and HaryanaCWP/4803/2024disposed of

Pargat Singh And ORS v. The Superintendent Engineer And ORS

2024-02-29Mr. Justice Rajesh Bhardwaj2 pages

2024:PHHC:028759 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4803 of 2024 Date of Decision: 29.02.2024 Pargat Singh and others ..... Petitioners

Versus

The Superintending Engineer, Canal Department, Upper Bari Dab Canal, Amritsar and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Nitin Sharma, Advocate for Mr. Balbir Singh Jaswal, Advocate for the petitioners.

*** RAJESH BHARDWAJ, J. (ORAL) Present writ petition has been filed for quashing the impugned action vide which the respondents have started encroaching upon the land of the petitioners for increasing the width of the drain without initiating the process of acquiring the land belonging to the petitioners and over sighting the demarcation carried out by the Canal authorities, the same being wrong, illegal, null and void and against the principles of natural justice. Further prayer has been made for directing the respondents to take a final decision upon the legal notice dated 25.01.2024 (Annexure P-2) served by the petitioners upon the respondents within stipulated period.

Learned counsel for the petitioners has submitted that for the redressal of their grievances, the petitioners have served a notice dated RITTU 2024.03.19 15:34 I attest to the accuracy and integrity of this document

CWP No.4803 of 2024 -22024:PHHC:028759 25.01.2024 (Annexure P-2) upon the respondents but the same has not been taken into consideration by the said respondents till date. Notice of motion.

On asking of Court, Mr. Navneet Singh, Sr. DAG, Punjab accepts notice on behalf of the respondents-State. After hearing counsel for the parties and perusing the record, respondent No.2 i.e. the Divisional Canal Officer, Canal Department, UBDC, Jandiala Division, Amritsar is directed to decide the notice dated 25.01.2024 (Annexure P-2) served by the petitioner expeditiously preferably within a period of four weeks from today in accordance with law.

In view of the above, present petition is disposed of. (RAJESH BHARDWAJ) JUDGE 29.02.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.03.19 15:34 I attest to the accuracy and integrity of this document