PARAMJEET SINGH DHALIWAL,J. - (1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 27.02.2013 (Annexure P-1) passed by respondent No.2-Divisional Canal officer and the order dated 26.06.2014 (Annexure P-3) passed by respondent No.1- Superintending Canal officer.
(2.) In brief, the facts as averred in writ petition are to the effect that respondent No.2-Divisional Canal Officer initiated suo motu proceedings for declaring 15.94 acres of area of outlet No.44952/50778- TR, Deon Minor, village Burj Mehma from command to uncommand. Respondent No.2-Divisional Canal Officer exercising the powers under Section 20 of the Northern India Canal and Drainage Act, 1873 (for brevity, 'the Act') declared the area measuring 15.94 acres from command to uncommand vide impugned order dated 27.02.2013 (Annexure P-1). Feeling aggrieved, petitioner Nos.2, 3 and 5 preferred appeal (Annexure P-2) before respondent No.1-Superintending Canal Officer which has been dismissed vide impugned order dated 26.06.2014 (Annexure P-3). Hence, this writ petition.
(3.) In pursuance of notice of motion, respondent Nos. 1 and 2 and respondent No.3 filed their separate written statements with the averments that respondent No.2-Divisional Canal Officer after giving opportunity of hearing to the parties vide notice (Annexure R-1) declared area measuring 12.60 acres of outlet No.RD-44952/50778/TR of Deon Minor as uncommand as the said area now falls in abadi/playground. Being dissatisfied, petitioner No.1 and others filed appeal before respondent No.1-Superintending Canal Officer who vide order dated 29.11.2012 remanded the case back with a direction that if more area becomes uncommand/uncultivable, the same be also added. In pursuance of the order dated 29.11.2012, report was sought from the Sub Divisional Canal Officer and Ziledar and thereafter respondent No.2 declared 3.34 acres as uncommand in addition to the earlier recommendation. The canal authorities have come to the conclusion that the area in question has been declared uncommand to save the canal water as the area in question is no more agricultural land and is a part of abadi and playground, therefore, water is not required for the same.;