High Court of Punjab and HaryanaCWP/11971/2015disposed of

Shankar Lal And ORS. v. Chief Canal Officer And ANR.

2015-07-31Mr. Justice S.P. Bangarh2 pages

CWP 11971 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:31.07.2015.

Shankar Lal and others .............Petitioners v.

Chief Canal Officer and others .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.PK Ganga,Advocate for the petitioner Mr.Rajesh K Sheoran,Addl.AG Haryana for official respondents Jaswant Singh,J.(Oral) The shareholders of an area measuring 33.67 acres being irrigated out of outlet No.65000 (tail) of Teja Khera Rajbaha are aggrieved against the delay in deciding their request for change to outlet no.53662/R.

Upon notice Sh.Mohinder Singh, Executive Engineer, Irrigation Department, Rohri (Divisional Canal Officer,Rohri) is present in Court. The officer concerned states that earlier request for transfer of 104.39 acres of the shareholders including present petitioners was considered and after remand is now pending finalisation due to non-fulfillment of commitment by the shareholders regarding arrangement of water pipes at their own cost for taking water to their land for irrigation from the proposed outlet. He further states RAJINDER PRASHAD JOSHI 2015.07.31 14:52 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CWP 11971 of 2015 that out of said shareholders only few i.e. the petitioners have now come forward with a request for transfer of their land comprised in 33.6 acres only. He further states that present request of few shareholders i.e. petitioners is not being decided in view of the previous pending request which is being delayed due to non-cooperation of the shareholders seeking the transfer to the proposed outlet. However, he states that within three months from today the previous request shall be considered and decided one way or the other and thereafter in the next two months the request of the present petitioners will be decided in accordance with law.

In response learned counsel for the petitioners is satisfied with the assurance given by the said officer and therefore concedes that nothing more requires to be adjudicated.

In view of the aforesaid agreed stand the present writ petition is disposed of as infructuous. The respondents shall be bound by their stand.

31.07.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.07.31 14:52 I attest to the accuracy and authenticity of this document High Court, Chandigarh.