- (1.) The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to stop bringing sewerage water of Thermal Plant Lehra Mohabat into pucca watercourse, which is meant for irrigation of land of the petitioner.
(2.) Brief facts of the case are that Avtar Singh respondent No.4 applied for shifting of Warabandi to Outlet No.76164-L from Outlet No. 13950-L and for fixing Nakka at Khasra No. 75//24/2. The Deputy Collector, Bathinda, rejected the claim of respondent No.4 vide order dated 30.07.2002. Respondent No.4 filed an appeal before the Divisional Canal Officer. The Divisional Canal Officer vide order dated 30.12.2002 fixed nakka in favour of respondent No.4. The petitioner filed an appeal before the Superintending Canal Officer. The Superintending Canal Officer vide order dated 12.04.2006 remanded the case for fresh decision. Thereafter, the petitioner challenged order dated 12.04.2006 which has been rejected vide order dated 18.09.2006. Against order dated 18.09.2006, the petitioner filed C.W.P. No. 311 of 2007 before this Court. In the order dated 22.01.2008 (Annexure P/1) passed by this Court, it is mentioned that the learned counsel for the petitioner stated that the petitioner had no objection to order dated 12.04.2006, if his house/electric meter / transformer is not disturbed. After passing order dated 22.01.2008, respondent No.4 applied before Deputy Collector for implementation of order at the spot and fixing of the nakka. The said application was declined vide order dated 19.06.2008 (Annexure P/2) on the ground that there is no such order by the High Court. Against order dated 19.06.2008, respondent No.4 filed an appeal before the Divisional Canal Officer. Vide order dated 20.08.2008, the Divisional Canal Officer dismissed the appeal. Thereafter, the petitioner filed an application before the Deputy Collector that respondent No.4 is bringing the sewerage water of the thermal plant after breaking bed of the khal into his field, the same be immediately stopped.
(3.) On the said application, the Deputy Collector issued notice to respondent No.4, who appeared and recorded his statement that he is bringing the sewerage water after affixing the pipes in the head of the bed and those were got affixed by the Block Development and Panchayat Officer and he further submitted that no canal water is passing in the pucca watercourse.;