JUDGEMENT
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(1.) Prayer in this petition is, for issuance of a writ in the nature of Certiorari for quashing the orders dated 31.10.2001 passed by the Divisional Canal Officer, order dated 2.8.2002 passed by the Superintendent Canal Officer and the order dated 19.5.2004 passed by the Chief Canal Officer.
(2.) The petitioner primarily contends that by sanction of water course 'AB', his tube-well and kotha would be demolished. Taking into consideration the aforementioned plea, the following order was passed by this Court on 7.11.2006 :
"Counsel for the petitioner has argued that in case watercourse 'AB' is allowed to run then kotha and tube-well would be damaged as they would come in the way.
We have perused the site plan (Annexure P-2) and are prima-facie of the opinion that if the watercourse is sanctioned on the other end of 'AB' which we mark as 'XY' then not only the kotha and the tub-ewell can be saved from demolition but even irrigation of the land of respondent no.5 would not be effected.
Counsel for respondent no.5 prays for time to get instructions.
Adjourned to 8.2.2007."
(3.) The facts noticed herein above have not been denied by the respondents.;
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