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(2026) Law Today Live Doc. Id. 21469 = 2026:PHHC:127677
Decided on: 09.09.2026
Present:
Mr. G.S.Sirphikhi, Advocate for the petitioner.
Mr. Navneet Singh, Addl. A.G., Punjab.
Mr. R.D.Bawa, Advocate, Mr. Samuel Gill, Advocate, Mr. Rishabh Rana, Advocate for respondents No.3 to 5.
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Superintending Canal Officer -- Failure to apply independent mind and reliance on Panchayat resolution -- Impugned order set aside.
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Northern India Canal and Drainage Act, 1873 (8 of 1873), Section 30 -- -- Superintending Canal Officer – Quasi-judicial duty – Superintending Canal Officer was performing quasi-judicial duties and should have applied mind to analyze evidence on record instead of being influenced by the Panchayat resolution -- Matter remanded for fresh decision on evidence and documents on record – Writ petition disposed of.
(Paras 2-4)
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PANKAJ JAIN, J. (ORAL) –
1. The challenge in the present petition is to the order dated 25.02.2016 (Annexure P-8) passed by the Superintending Canal Officer. Perusal of the said order would show that the Superintending Canal Officer has not applied his mind but has based his decision on the resolution dated 10.11.2013 passed by the Panchayat.
2. In the considered opinion of this Court, the Superintending Canal Officer was performing quasi-judicial duties and should have applied mind to analyze evidence on record instead of being influenced by the Panchayat resolution.
3. In view thereof, this Court finds that the impugned order dated 25.02.2016 passed by the Superintending Canal Officer cannot be sustained and the same is set aside.
4. The matter is remanded back to the Superintending Canal Officer to decide the matter afresh, strictly in accordance with the documents on record.
5. The parties shall appear before the Superintending Canal Officer on 12.10.2026, who shall make an endeavour to decide the appeal preferably within a period of three months thereafter.
6. Writ petition stands disposed off.
7. Pending miscellaneous application, if any, also stands disposed off.
Order accordingly.
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