- (1.) Prayer in this writ petition is for the issuance of a writ in the nature of Certiorari for quashing the order dated 12.8.2004 passed by the Superintending Canal Office, Canal Circle Ludhiana.
(2.) One Gurdial Singh son of Kunda Singh, filed an application under Section 20 of the Northern India Canal and Drainage Act, 1873 before the Divisional Canal Officer, for declaring 34.16 Acres land as un-commanded area. It is asserted that after the matter was investigated by the Ziledar and after notice was served upon the share holders, the aforementioned land was declared as an un-commanded area. An appeal/revision was filed before the Superintending Canal Officer, Ludhiana, who vide order dated 12.8.2004, on the basis of joint statement of one Jaswant Singh S/o Gurdial Singh and others set aside the aforementioned order.
(3.) Counsel for the petitioners contends that Jaswant Singh has sworn an affidavit that he did not make any statement before the Superintending Canal Officer. The affidavit dated 2.11.2004 is appended with this petition as Annexure P-3. Similarly, Jagan Nath, another shareholder filed an affidavit dated 19.10.2004.;