Gurmail Singh v. State Of Punjab And Others

CWP-22309-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-22309-2024 Date of Decision: 05.09.2024 Gurmail Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Ajeet Pal Singh Pakka, Advocate for the petitioner.

*** HARSH BUNGER, J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of mandamus for directing the official respondents to restore the connecting watercourse falling in Khewat No.779 Khatauni No.1801 Khasra No.230/1 pertaining to outlet RD 24050/TF Giana Branch, being used by the petitioner from the time of his forefathers for the last more than sixty years, which has been illegally captured by the private respondents and further to direct the official respondents to allow the petitioner to take water from already existing watercourse of RD 24050/TF Giana Branch.

1.1 A further prayer has been made for directing the official respondents to decide the representation dated 05.08.2024 (Annexure P-9) of the petitioner in a time bound manner.

2.

At the outset, learned counsel for the petitioner submits that the HIMANI GUPTA 2024.09.05 17:46 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-22309-2024 -2Canal Authorities are not implementing the order dated 05.08.2024 (Annexure P-10), issued by the Divisional Canal Officer, Mansa under Section 32 of the Northern India Canal & Drainage Act, 1973. 3.

Mr. Navneet Singh, Sr. DAG, Punjab, who has appeared on behalf of respondent/State in this case, pursuant to the advance copy of petition having been sent to the State, submits that as regards the grievance raised by the petitioner, he may file an appropriate application before the concerned Divisional Canal Officer. In case any such application is filed, the same would be considered and decided by the said Authorities within a period of three weeks from the date of filing of such application. 4.

In view of the statement made by learned State counsel, learned counsel for the petitioner submits that he does not press the instant petition any further.

5.

In view of the aforesaid submissions made by the respective counsel, the petition is disposed of, accordingly. 6.

All pending application(s), if any, shall also stand closed. 05.09.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.09.05 17:46 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh