Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LETTERS PATENT APPEAL No.1025 of 2014 (O&M) Date of Decision: August 05, 2014 Darbara Singh .....Appellant versus The State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE JASPAL SINGH.
Present : Mr.Surinder Garg, Advocate, for the appellant.
-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) CM No.2336-LPA of 2014 For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 376 days' delay in filing the appeal is condoned.
CM stands disposed of.
CM No.2334-LPA of 2014 For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 8 days' delay in re-filing the appeal is condoned.
CM stands disposed of.
CM No.2335-LPA of 2014 For the reasons mentioned in the application, the same is allowed subject to all just exceptions and exemption from filing certified copies of complete writ petition alongwith annexures and written statement is granted.
CM stands disposed of.
MOHINDER KUMAR201408.21 11:45 I attest to the accuracy of this order Chandigarh LPA No.1025 of 2014 (O&M).[2].LPA No.1025 of 2014.
This letters patent appeal impugns the order dated 19.02.2013 of learned Single Judge whereby the orders restoring temporary Water CouRs.passed by the Canal Authorities, have been set-aside.
The appellant who was impleaded as respondent No.4 did not appear before the learned Single Judge despite service and did not contest the writ petition.
He, however, filed a Review Application which has been dismissed by the learned Single Judge.
The impugned judgment reveals that the learned Single Judge has quashed the orders passed by Canal Authorities only on the ground that the temporary Water CouRs.which was ordered to be restored, was never sanctioned by the Competent Authority.
The claim of the appellant appears to be that temporary Water CouRs.is not required to be sanctioned.
It is not the case of the appellant that there was any formal sanction ever accorded by the Canal Authorities.
Since the learned Single Judge has set-aside the orders passed by the Canal Authorities for want of sanction by the Competent Authority, in our considered view, nothing MOHINDER KUMAR201408.21 11:45 I attest to the accuracy of this order Chandigarh LPA No.1025 of 2014 (O&M).[3].precludes the appellant from approaching the Canal Authorities so as to get the Water CouRs.sanctioned in accordance with law.
With liberty aforementioned, no case to interfere with the impugned order is made out.
Dismissed.
[SURYA KANT].JUDGE August 05, 2014 [JASPAL SINGH].Mohinder JUDGE MOHINDER KUMAR201408.21 11:45 I attest to the accuracy of this order Chandigarh