Rekha Devi And ORS v. Superintending Canal Officer And ORS

CWP-19323-2020 -12023:PHHC:157848

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-19323-2020 Date of Decision: December 11, 2023 Rekha Devi and others ......Petitioners

Versus

Superintending Canal Officer, Ferozepur and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Piyush Gagneja, Advocate for the petitioners.

Ms.Akshita Chauhan, Deputy Advocate General, Punjab. ........

RAJESH BHARDWAJ, J.(ORAL) Petitioners have approached this Court praying for quashing the impugned orders, Annexure P-1, dated 27.03.2018, passed by respondent No.2 as well as order, Annexure P-2, dated 30.09.2020, passed by respondent No.1 being wrong, illegal and violative of provisions of the Northern India Canal and Drainage Act, 1873. It is further prayed to stay the operation and implementation of impugned orders, Annexures P-1 and P2 during pendency of the present petition. Learned counsel for the petitioners submits that during pendency of this petition both the parties have amicably resolved their outstanding issues by way of compromise, dated 25.10.2023. He has also placed on record a copy of the same, which is taken on record. It is also submitted that private respondents have also agreed with the same and signed the compromise, relevant paras of which are reproduced as under:- "1. That the first party Rekha Devi has filed a writ petition MEENU 2023.12.13 12:56 I attest to the accuracy and integrity of this order/judgment

CWP-19323-2020 -22023:PHHC:157848 against the second party regarding transfer of land case of turn of water, bearing Civil Writ Petition No.19323 of 2020 titled Rekha Devi Versus Superintending Canal Officer and others in Hon'ble Punjab and Haryana High Court, Chandigarh, in which next date of hearing is fixed for 22.11.2023.

2. That now we both the parties have got the matter compromised between us with the intervention of panchayat and respectable persons. As per the compromise the first party does not want to take any legal action against the second party in the aforesaid writ petition, and neither want to continue with any case. The First party is withdrawing the aforesaid writ petition in view of the compromise.

3. That the above compromise has been executed by both the parties without any kind of pressure in their full senses, so that the same may be used if required."

In view of the above, learned counsel for the petitioners prays for withdrawal of the petition.

Allowed as prayed for.

Petition is dismissed as withdrawn. However, parties would be at liberty to avail their remedies in case any cause of action accrue to them. December 11, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.12.13 12:56 I attest to the accuracy and integrity of this order/judgment