AJAI LAMBA, J. - (1.) THIS civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Order dated 18.8.2008 (Annexure P-9) vide which the Chief Canal Officer, in appellate jurisdiction, has set aside Order dated 29.4.2008 (Annexure P-5) passed by the Superintendent Canal Officer; and Order dated 20/24.12.2007 (Annexure P-4) passed by the Divisional Canal Officer.
(2.) FACTS in brief are that respondent No.6, Kamaljeet Singh, filed an application under Section 18 of the Haryana Canal & Drainage Act, 1974, for change of water course with the main contention that the land is being divided by virtue of the water course which needs to be re-aligned from the dole of the fields of respondent No.6. The Divisional Canal Officer, Hansi Water Services Division, Hansi, vide Order Annexure P-4 (dated 20/24.12.2007), after taking into account all the facts and circumstances, has returned a finding that water course has existed for 30 years. The water course is being aligned. When lining of the water course is in progress, it cannot be re-aligned. Majority of the share-holders is against the shifting of alignment.
(3.) IN addition, learned counsel for the petitioner has impressed on the Court that a tube-well is installed on the dole of the land of petitioner No.20. Because the water course existed for 30 years, the tube-well was installed and there was no chance of any intrusion on that land. IN the meantime, there is an allegation that when the order was pronounced, respondent No.6 took law into his own hands and demolished the existing water course, and as per his petition for alignment, dug a new water course whereupon FIR No.335 dated 22.12.2007 (Annexure P-3) had to be lodged.;