- (1.) The petitioners are aggrieved against the orders dated 28.1.2011 and 11.4.2011 passed by D.C.O, Rori, Water Services Circle, Sirsa and Superintending Canal Officr, Bhakra Water Services, Circle, Sirsa.
(2.) In brief, respondent No.4 filed an application to the Deputy Collector, Rori Division, Sirsa alleging that his turn of water has been sanctioned at Khata No.6 but there is no irrigation to his area from that water course, whereas there is a pucca water course from the other side adjoining his area for which he prayed for a naka. His application was rejected by respondent No.3 observing that there is no naka at the site on the lined water course and he may apply for sanction of naka at the site from DCO, Rori. The appeal filed by respondent No.4 was allowed by respondent No.2 observing that water course has been lined on public expenditure by the CADA Department which becomes the public property and any of the shareholders can apply for transfer for the use of such water course for the smooth irrigation of his land. Hence the water opening at point 190/10x1 towards western side is approved at the cost of the appellant and his wari was ordered to be fixed there with usual bharai.
(3.) Aggrieved against this order, the petitioners filed further appeal which was dismissed by respondent No.1 on the ground that the present water course has been lined on the Government expenditure to which respondent No.4 was found entitled in the interest of better irrigation due to less water losses in the lined water course. It was further observed that "the plea of the petitioner regarding leaving of his some land on the other side of the water course and his denial for not allowing the respondent to get the water opening in his land is upto some extent convincing. Therefore, the delivery point of the respondent is fixed at point Rect/Killa No. 190/1x9 after the land holding of the petitioner. The decision of the Divisional Canal Officer is modified upto this extent and revision petition is disposed off under Section 55 (6) of the Canal Act accordingly".;