Pragya Goyal/Ritwik Shukla

Item 27
Karamjeet Singh vs. Gurmail Singh and Ors.
Diary No. 5530/2024

Delay – 7 days in refiling

Subject matter- Civil matter – Pendency of Review
Parties Divisional Canal WP in HC - Review in HC- Before
Officer dismissed pending SC
Karamjeet Singh Complainant Respondent R P
Gurmail Singh and Respondent Petitioner P R
Ors.

• SLP has been filed against impugned interim order dt. 21.12.2023 of the Punjab & Haryana High
Court in RA CW No. 291 of 2018 in which the HC adjourned the hearings till 11.03.2024 on request
of R.

IMPUGNED ORDER- The court adjourned the Review Petition on request of Respondent herein.

Material Facts
2015 • A canal was going through R’s agri land – P used to receive water from
that canal for his agri land.
• P filed a complaint before Canal authorities regarding demolition of
watercourse by R to his land. It was only a watercourse for irrigating
his fields.
10.8.2017 The Divisional Canal Officer passed an order for restoration of the
& watercourse.
19.12.2017
2018 Aggrieved, R filed CWP No. 191 of 2018 before P&H HC challenging the
orders passed by Divisional Canal Officer.
10.01.2018 HC dismissed the WP on following grounds: Pg. 62 - 65
• The area of land which was included in R’s land was not under
ownership of any party. It was a reserved watercourse, thus, owned by
the government. Therefore, R does not have the right to oppose the
restoration. (Pg. 64-65)
• P did not have any other source of irrigation as the water level had
gone down. (Pg. 65)
21.08.2018 Aggrieved, R filed LPA No. 212 of 2018 before the HC and it was
subsequently dismissed as withdrawn.
06.09.2018 R filed review petition, R.A. No. 291 of 2018 in C.W.P. No. 191 of 2018,
before the HC, which is still pending.
2018 - 2023 On pretext of one reason or another, the matter was adjourned on multiple
dates since 2018.
21.12.2023 By impugned order – HC adjourned the review petition again till
11.03.2024.
04.02.2024 Present SLP by Petitioner
Grounds:
1. P has been suffering immense hardship since 2015, when the
watercourse to his agricultural fields was demolished. (Para II, Pg. 4)
2. Review Petition has been adjourned repeatedly since 2018 which has
resulted in denying justice to P. (Para VIII, Pg. 6)