S.S. Saron, J. - (1.) The petition has been filed by Jarnail Singh and others (petitioners) under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari, mandamus and (sic. - or) any other appropriate writ for quashing the action of the respondents in not taking any action to channelize the 'warabandi' (fixation of turn for irrigation of land) allotted to the petitioners/inhabitants of village Talwara Khurd, Tehsil Ellenabad, District Sirsa and other villages that fall under the Ellenabad Block, District Sirsa and also for not taking any action on the complaints made by the petitioners and other inhabitants to the effect that the land owners nearby the river were committing theft of water by carving out illegal outlets (water channels) for their own benefit in connivance with the officials of the Irrigation Department due to which the crops of the inhabitants of the area had been ruined due to lack of water for the last many years. A further direction is sought for directing the respondents to channelize the 'warabandi' for the inhabitants of the village Talwara, whose fields fall in the South Ghaggar Canal ('SGC' Canal - for short) and Bhakra Canal. A still further direction is sought to take action against the persons who were committing water theft by putting illegal water channels in connivance with the officials; besides, direct the respondents to provide water as per provisions of the Haryana Canal and Drainage Act, 1974 ('the Act' - for short) and Rules framed thereunder and also direct the respondents to take action as well as inquire into the matter as the inhabitants of the area had made many representations but no action had been taken.
(2.) The petition came up for hearing on 09.09.2016 and a copy of the petition was given to Shri Randhir Singh, Addl. AG, Haryana so as to enable him to seek instructions. This Court on 20.10.2016 passed the following order:- "During the course of deliberation, it is agreed between the learned counsel appearing for the parties that the representatives of the petitioners shall appear in the office of Sh. N.K. Bhola, Executive Engineer, Ghaggar Water Services Division, Sirsa on 10.11.2016 at 11.00 am and they shall submit their list of grievances, which shall be examined and an effort shall also be made to resolve the matter. A responsible representative of Police Station, Ellenabad shall also remain present in the office of Sh. N.K. Bhola, Executive Engineer, Ghaggar Water Services Division, Sirsa. List for hearing on 22.11.2016." In terms of the above order, the representatives of the petitioners were to appear in the office of Shri N.K. Bhola, Executive Engineer, Ghaggar Water Services Division, Sirsa on 10.11.2016 at 11.00 am. They were to submit their list of grievances, which were to be examined; besides, an effort was also to be made to resolve the matter. A responsible representative of Police Station, Ellenabad was asked to be present in the office of Shri N.K. Bhola, Executive Engineer, Ghaggar Water Services Division, Sirsa.
(3.) Shri Jagdish Manchanda, Advocate appearing for the petitioners submits that the petitioners went to the office of Shri N.K. Bhola, Executive Engineer, Ghaggar Water Services Division, Sirsa on 07.11.2016 to apprise him of the illegal water channels that had been set up. It is further submitted that they did not go on 10.11.2016 during the entire day as they apprehended that there would be trouble.;