High Court of Punjab and HaryanaCWP/2181/2013allowed

Darshan Singh v. Superintending Canal Officer And ORS.

2015-01-13Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 2181 of 2013 Date of Decision: 13.1.2015 Darshan Singh ... Petitioner(s)

Versus

Superintending Canal Officer, Sirhind Canal Circle, Ludhiana and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Rajan Gupta.

Present: Mr. Ravish Bansal, Advocate for the petitioner(s).

Mr. V. Ram Swaroop, Additional Advocate General, Punjab for respondents No.1 & 2.

Mr. Raghuvinder Singh, Advocate for respondents No.3 & 4.

Rajan Gupta, J.

Petitioner has prayed for writ in the nature of certiorari for quashing of orders dated 3.8.2010 (Annexure P3) and 13.10.2011 (Annexure P4) passed by Divisional Canal Officer, Faridkot Canal Division, Faridkot and Superintending Canal Officer, Sirhind Canal Circle, Ludhiana, respectively whereby prayer for alignment of watercourse was rejected.

During pendency of writ petition, matter was referred to Mediation & Conciliation Centre of this court. Both the petitioner and respondents No.3 & 4 appeared before the said Forum and arrived at a settlement which has been reduced into writing. Counsel for the petitioner prays that in view of said settlement, requisite action can be taken by the canal authorities and matter may, therefore, be remitted to DEEPAK KUMAR BHARDWAJ 2015.01.13 16:30 I attest to the accuracy and authenticity of this document

Civil Writ Petition No. 2181 of 2013 respondent No.2 for decision afresh in light of settlement arrived at. This prayer is not opposed by learned State counsel. In view of above, orders (Annexures P3 & P4) are hereby set aside. Matter is remitted to Divisional Canal Officer, Faridkot Canal Division for decision afresh after hearing the parties. He shall take into consideration the settlement arrived at between the parties before Mediation & Conciliation Centre of this court. A copy thereof be annexed with this order. Parties are directed to appear before the Divisional Canal Officer on 30.1.2015 at 10.00 A.M.

Allowed in above terms.

(Rajan Gupta) Judge January 13, 2015 "DK"

DEEPAK KUMAR BHARDWAJ 2015.01.13 16:30 I attest to the accuracy and authenticity of this document