- (1.) The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing of order dated 21.12.2010 (Annexure P/3) passed by respondent No.2 Sub Divisional Canal Officer, Kaithal and order dated 10.02.2011 (Annexure P/5) passed by respondent No.1 Divisional Canal Officer, Kaithal, under the provisions of Haryana Canal and Drainage Act, 1974 (hereinafter referred to as the Act) and also prayed for directing respondent Nos. 1 and 2 not to dig out the alleged Khal 'AB' shown in the site plan (Annexure P/1).
(2.) Brief facts of the case are that the petitioner is proprietor of the Village Narar, Tehsil and District Kaithal and is owner in possession of land situated on Mogha outlet No. 3800-R on Shergarh-Guhla Link Channel. During the consolidation, watercourse was earmarked and carved out which is shown in the site plan (Annexure P/1) in yellow line starting from point 'E' to 'B', then it goes towards point 'A'. As per the petitioner, sanctioned watercourse carved out during consolidation along-side the land of respondent Nos. 3 and 4 is shown in the site plan with yellow line as "towards the side of land of Suraj Bhan along with passage. The learned counsel for the petitioner states that was a kacha rasta in existence from point 'A' to 'B' shown in the site plan (Annexure P/1). The Khal which was carved out during the consolidation was in operation in this kacha rasta which is shown as yellow line. The land consumed in kacha rasta was contributed by the petitioner and his predecessor to the extent of 6 karams from each khasra number. In this way, the area of khasra numbers of the petitioner was reduced. Now, in the April/May, 2010, kacha rasta has become metaled road. The watercourse AB, which was in existence in kacha rasta had been demolished.
(3.) The watercourse shown as the yellow line in the site plan (Annexure P/1) should be restored, as it is a sanctioned watercourse and has been provided during the consolidation scheme.;