Teka & ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.W.P.No 8495 of 2014 Date of Decision: February 26, 2015 Teka and others ....Petitioners

Versus

State of Haryana and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. Ajit Sihag, Advocate for the petitioners.

Mr.Saurabh Mohunta, DAG, Haryana.

Rajan Gupta, J (Oral) Petitioners have assailed the order passed by Chief Canal Officer whereby he has directed that head of outlet be shifted from RD 1650-R to RD 600-R Koth Kalan Disty.

Learned counsel for the petitioners submits that there was no prayer at any stage of shifting the outlet to RD 600-R. Chief Canal Officer at his own decided to shift the outlet RD 600-R. According to him, order is not in accordance with law. He further submits that order may be setaside and remitted to the same authority for decision afresh. Prayer for remand of the case is not opposed by learned State counsel.

Under the circumstances, order passed by Chief Canal Officer is hereby set-aside. Matter is remitted to the same authority for decision afresh after hearing the parties.

Writ petition is allowed in these terms.

(Rajan Gupta) Judge February 26, 2015 BB