Rajan Gupta, J. - (1.) IN this petition filed under Articles 226/227 of the Constitution of India, the Petitioners seek a writ in the nature of certiorari for quashing orders Annexures P -2 to P -4.
(2.) BRIEF factual background of the case is that Petitioners are irrigating their lands from outlet No. 5500L -Katesra Minor. They assert that full supply level at outlet No. 5940L is 714.52. Another outlet No. 5940 is down stream as compared to outlet No. 5500L. The land owners getting their supplies from outlet No. 5500L were getting satisfactory irrigation. However, shareholders at outlet No. 6935L were wanting a change in their outlet and initiated proceedings. The Divisional Canal Officer vide its order dated 9.9.1992 fixed the outlet at 5940L instead of 5500L for the shareholders who were previously getting water supply from outlet Nos. 6935L and 5500L. According to Petitioners, full supply level at outlet No. 5940L is less than supply at outlet No. 5500L. An appeal was preferred against the order of Divisional Canal Officer. The same was decided by the Superintending Canal Officer, Bhiwani on 20.5.1993 vide order Annexure P -3. The appeal was dismissed. The said order was challenged before the Chief Canal Officer who declined to interfere with the impugned order vide his order dated 15.2.1996 (Annexure P -4). Aggrieved, the Petitioners have preferred the present writ petition. They have averred, inter alia, that supply being given to them from outlet No. 5940L has a lesser level of water supply. The new outlet has been fixed downstream which would adversely affect the flow of canal water to them. According to Petitioners, Respondent -authorities have not considered their claim in right perspective resulting in manifest injustice to them.
(3.) THE claim of the Petitioners has, however, been resisted by Respondents No. 4 to 8. In the reply filed on their behalf, it has been submitted that impugned orders Annexures P -2 to P -4 have been correctly passed by the authorities. They have submitted that they were not getting satisfactory irrigation from their existing outlet. In view of topography of the area, outlet Nos. 5940L and 5940R in Katesra minor are suitable and up to the head of said minor, land can be easily irrigated from these outlets. They have also denied that supply level at outlet No. 5940L is less than that at outlet No. 5500L. According to answering Respondents, full opportunity was granted to all the parties before the authorities below.;