S.N.AGGARWAL,J - (1.) THE orders passed by the Canal Officers under the Haryana Canal and Drainage Act, 1974 (in short 'the Act, 1974, are being challenged in this petition.
(2.) THE facts of the case are that Neki Ram-petitioner is the land owner of village Ghursal, Tehsil Mandi Adampur, District Hissar. Om Parkash-respondent No. 4 also owns two chunks of land in the same village. The large chunk comprised in Rect. No. 33 and 41 adjoins the land of the petitioner, while another parcel of his land comprised in Khata No. 108 is at a distance. Om Parkash-respondent used to take turn of water for his fields comprised in Killa Nos. 33 and 41 with the turn of water in his field comprised in Khata No. 108, while he used to irrigate his field comprised in Rect. No. 33 and 41 from the tube well of Dhanna Ram. This picture has been duly depicted in site plan Annexure P-1. Later on Om Parkash applied to the Deputy Collector (respondent No. 1) for separating the turn of water for his fields comprised in Rect. No. 33 and 41 from the turn of water of his fields comprised in Khata No. 108. The said officer vide order dated 7.1.2002 accepted the demand of Om Parkash-respondent No. 4. By accepting the turn of water for respondent No. 4 for his fields comprised in Rect. No. 33 and 41, after the turn of water of Prabhu, the water course was dug out from the land of the petitioner to supply the water to the fields of Om Parkash-respondent No. 4 comprised in Rect. No. 33 and 41. This order was passed by the Deputy Collector without hearing the petitioner and it affected his legal rights. The petitioner filed an appeal before the Divisional Canal Officer Adampur Water Services, Division, Hissar (respondent No. 2) under Section 55(5) of the Act, 1974. The said appeal was dismissed by the said officer vide order dated 29.7.2002 (Annexure P-6). The petitioner filed further appeal to the Superintending Canal Officer, Bhakra Water Services, Circle No. 1, Hissar, (respondent No. 3). It was represented before him by Om Parkash-respondent No. 4 that his turn of water has been fixed on the running water course which was existing for the last 20 years. The said appeal was also dismissed by the said Superintending Canal Officer vide order dated 7.2.2003.
(3.) HENCE , the present petition.;