Shamsher Bahadur, J. - (1.) WHETHER the Canal authorities under the Northern India Canal and Drainage Act have any power to stop an existing outlet under Section 20 of the Act is the question which has been raised in this petition under Articles 226/227 of the Constitution of India.
(2.) THE Petitioners,' who are twenty In number, claim to have an aggregate irrigated area of 145 acres of land out of 168 acres which are served from outlet No. 21279 of Bhindir distributor of the Upper Bari Doab Canal since 1947. : Twelve persons made an application on 24th of May, 1960, to have this outlet shifted to another place. Four out of the twenty Petitioners, appended their signatures to this petition. Again, on 5th of June, 1960, fourteen persons, including six of the Petitioner filed a written statement repeating the request for a change in the outlet. The Divisional Canal Officer invited objections to the proposal for a change. Out of the seven persons, who appeared before him, five were in favour of the change and two against. The Divisional Canal Officer recommended a change by his order of 21st of November, 1960 and this was confirmed by the Superintending Engineer on 5th of January, 1961.
(3.) THE Petitioners allege that one Dharam Singh landowner got the thumb -impressions of some of these Petitioners on blank sheets of paper misrepresenting that an application would be filed for widening outlet No. 21279. Actually, an application was made for change of outlet and to this the majority of the landowners are opposed In pursuance of the orders of the Superintending Engineer confirming the proposal made by the Divisional Canal Officer, a notice was sent to the Petitioners on 18th of October, 1961, and according to the Respondent -Slate, the proposal was noted by the Petitioners. In the assertions made by the Petitioners, however, neither the proposal nor the order of the Superintending Engineer had ever been assented to by them. When the outlet came to be shifted in June, 1963, the Petitioners came to this Court to challenge the orders of the Canal authorities. Mr. Gujrat, the learned Counsel for the Petitioners, contends that the outlet being a part of the canal is not covered by Section 20 under which the Divisional Canal Officer purports to have exercised his power. Under this section: Whenever application is made to a Divisional Oanal Officer for a supply of water from a canal, and it appears to him expedient that such supply should be given and that it should be conveyed through some existing water -course, he shall give notice to the persons responsible...and, after making enquiry on such day, the Divisional Canal -Officer shall determine whether and on what conditions the said supply shall be conveyed through such water course.;