- (1.) THE facts, so far as they are necessary for the decision of this appeal under clause 10 of the Letters Patent, may briefly be stated as under :-Three persons, namely, Hukam Chand, Faqir Chand and Mst. Jiwandi, widow of Karam Chand, moved the Divisional Canal Officer under section 30-A of the Northern India Canal and Drainage Act, 1873 (hereinafter referred to as the Act), for preparation of a scheme and sanction thereof for transferring their 19 acres of land which was receiving irrigation from outlet R. D. 58230/r Daulatpura minor (hereinafter referred to as the existing source) to another outlet R. D. 64522/r Daulatpura minor (hereinafter referred to as the proposed source ). The reason given by them for this transfer was that their area cannot be irrigated properly from the existing source. Some of the persons who appeared before the Divisional Canal Officer at the hearing, after the publication of the scheme, supported the case of the abovementioned three persons, who are now respondents before us and who were amongst the petitioners before the learned Single Judge (hereinafter referred to as the petitioners) while a large number of other persons "stated jointly that this 19-acres area may not be transferred. . . . . . . . . . . . . . . . as the same is being irrigated from the existing source properly. There is already short supply on their outlet. If this area be included, then there will be decrease in their irrigation. " After mentioning these rival contentions in the order (copy Annexure 'b' to the writ petition), the following order was passed : "request of. . . . . . . . . . Sarvshri Hukam Chand, Fakir Chand. . . . . . . . . . and Jandi Bai (Jiwandi ). . . . . . . . . . is accepted and transfer of area is approved in the interest of irrigation. Sh. Hukam Chand is justified in asking for transfer as outlet R. D. 64522/r is situated in his tak and other two shareholders are also justified in asking for transfer as their holdings fall on the other side of the village path on which side rest of the area on outlet R. D. 64522/r falls. " this is all the discussion or the reasoning given by the Divisional Canal Officer for his decision to direct the transfer of 19 acres of land.
(2.) TEHAL Singh, who was one of the persons who had opposed the request for transfer, filed a revision under Section 30-B of the Act, which was dismissed by the Superintending Canal Officer. That order was set aside by this Court in Civil writ No. 993 of 1968, (reported in AIR 1969 Punj 1 ). Tehal Singh v. Superintending Canal Officer, on the ground that no reasons were given in the order.
(3.) THEREAFTER, the matter was heard by another officer who had succeeded as superintending Canal Officer. Some 26 persons appeared before him. In his order, copy Annexure 'd' to the writ petition, after mentioning that the case had been earlier adjourned for obtaining records from the High Court, he stated as under :-". . . . . . . . . . . . . . . . . . Ziledar concerned was directed to produce irrigation figures of the 19 acres area proposed to be transferred from outlet R. D. 58230/r to 64522/r Daulatpura minor during the last 5 years in this court. The Ziledar concerned produced the irrigation figures of the said 19 acres area for the last 3 years i. e. , 1965-66. 1966-67 and 1967-68, as per statement appended at Annexure A. It shall be seen that the irrigation from the existing source to this area is cent per cent. , i. e. , more than permissible of 62%. There is as such no justification for the transfer of this 19 acres area to any other source and the order of the divisional Canal Officer, dated 18-9-1967 proposing transfer of this area from outlet R. D. 58230/r to 64522/r is hereby set aside. If such requests are entertained and this 19 acres is transferred to outlet R. D. 64522/r there would be no end to similar requests of transferring adjoining areas to the nearest source as every one would naturally like to be as near the outlet as possible. " However, he went on further as under : "it would, however, be desirable to shift the outlet R. D. 64522/r to lower down the village Path so as to be away from the land of respondents. There was no objection to this from any source. Scheme to this effect may be published and further action taken accordingly under the rules. ";