P.C. Jain, J. - (1.) RAM Singh and Balbir Singh have filed this petition under Articles 226 and 227 of the Constitution of India, for the issuance of an appropriate writ, order or direction, quashing the order of the Superintending Canal Officer, dated 1st April, 1966 (copy Annexure 'D' to the petition).
(2.) THE Petitioners are right holders of village Nahran, Tehsil Mansa, District Bhatinda, so also Respondents 6 and 7. It is stated in the petition that there was a watecourse existing in the fields of Kishan Singh Respondent on the common wot of Killa Nos. 4, 5, 6 and 7, in rectangle No. 89, shown as 'CB' in the site plan attached to the petition as Annexure 'A'. Teja Singh Respondent was irrigating his fields through watercourse 'CB'. The Sub -Divisional Officer, during the Warabandi, fixed the turn of water of the Petitioners first and Kishan Singh and Teja Singh Respondents were to take their turn of water after them from watercourse 'CB'. It is further stated that Teja Singh and Kishan Singh Respondents somehow or the other took in their heads to demolish the Khal 'CB', and tried to get a new Khal 'AB', 'shown in the plan Annexure 'A', constructed from the fields of the Petitioners. Teja Singh and Kishan Singh, Respondents 6 and 7, managed to get an order from the Sub -Divisional Officer to the effect that Khal 'AB' be got excavated with the help of police force. Feeling aggrieved from the action of the Sub -Divisional Officer, the Petitioners field an. appeal on which the Divisional Canal Officer, Respondent No. 2, issued a stay order on 11th March, 1965, and finally accepted the application of the Petitioners and ordered that the Warabandi on watercourse 'CB' as framed by the Ziladar be prepared (copy Annexure 'C' to -the petition).
(3.) DISSATISFIED from the order of the Divisional Canal Officer,. Teja Singh Respondent filed a revision under Section 68 of the Northern India Canal and Drainage Act (hereinafter referred to as the Act) which was allowed by the Superintending Canal Officer and the impugned order was passed on 1st April, 1966 (copy Annexure 'D' to the petition). It is the legality and correctness of that order which has been challenged by the Petitioners by way of this petition.;