Sukhdeep Singh v. Superintending Canal Officer And Others

3.

At this stage, Mr. Navneet Singh, Senior Deputy Advocate General, Punjab, appears on behalf of the respondents-State, in pursuance of the advance copy of paper book having already been supplied to him. He, on instructions from Mr. Sandeep Goyal, Superintending Canal Officer, Ferozepur, submits that the afore-said stay application filed along with the appeal preferred by petitioner, is pending consideration for 24.12.2024 before respondent No.1 (Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur); and in all probabilities, the same would be decided on the date already fixed (24.12.2024), and in any case, not beyond a period of two weeks thereafter.

4.

Keeping in view the submissions made by learned counsel for the parties and without commenting on the merits of the case, the present writ petition is disposed of with a direction to respondent No.1 - Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur, to consider and decide the stay application and/or the appeal filed by petitioner, by way of passing a speaking order, after affording due opportunity of hearing to all the concerned parties, on the date already fixed, i.e. 24.12.2024, or in any case, not beyond a period of two weeks thereafter. Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur).

5.1 In case, a water course has already been carved out, the same shall not be made operational till the decision of the afore-said stay application and/or the appeal filed by petitioner. Superintending Canal Officer, Ferozepur Canal Circle, Ferozepur)