Parkash Chand vs State Of H.P. And Another on 14 May, 2018

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Himachal Pradesh High Court

Parkash Chand vs State Of H.P. And Another on 14 May, 2018

Bench: Tarlok Singh Chauhan

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

Cr.M.P.(M)No. 1508 of 2016 In Cr. Revision No. 144 of 2018.

Date of decision: 14.5.2018.

     Parkash Chand                                                       .....Petitioner.

                                     Versus




     State of H.P. and another                                          ..... Respondents

     Coram

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

Whether approved for reporting?1No For the Petitioner : Mr. Angrez Kapoor, Advocate.

For the Respondents : Mr. Vinod Thakur and Mr. Sudhir Bhatnagar, Addl. A.Gs. with Mr. Bhupinder Thakur, Dy. A.G. for respondent No.1.

None for respondent No.2.

Tarlok Singh Chauhan, Judge (Oral).

Cr.MP(M) No. 1508 of 2016

By medium of this application, the applicant/petitioner has sought condonation of delay, which has crept up in filing of the revision petition. For the reasons so assigned and set-out in the application, the same is allowed and the delay in filing of the revision is condoned.

Application stands disposed of.

Criminal Revision be registered.

Cr. Revision No.144 of 2018

2. An application dated 17.11.2011 was moved by the inhabitants of Village Darognu wherein it was stated that the petitioner had obstructed the water of Chala/Kuhal which irrigated the land of the Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 16/05/2018 23:06:08 :::HCHP 2 villagers and on account thereof, about 40-50 Kanal of land of the village was without water.

3. The Sub Divisional Magistrate vide its order dated 13.7.2012, while exercising the powers under Section 133 Cr.P.C.

allowed the application and directed the petitioner not to stop the flow of water so that the villagers of Village Darognu can get water for the irrigation of their fields.

4. This order was assailed by the petitioner before the learned Divisional Commissioner, Kangra at Dharamshala by filing an appeal, however, the same was ordered to be dismissed vide order dated 5.2.2015 and aggrieved thereby, the petitioner has filed the instant revision petition.

5. During the pendency of this petition, the petitioner made a statement to the effect that he had now constructed a wall so as to ensure that the water is diverted in such a manner that it is suitable and appropriate to meet the rights of irrigation of the general public. On such representation, the petitioner was asked to file his affidavit supporting the aforesaid averments. On such affidavit having been filed, respondent No.1 was directed to obtain instructions.

6. Respondent No.1 has now placed on record a communication received from the Sub Divisional Officer (C), Palampur, District Kangra, H.P., which is made part of the record. As per this communication, the petitioner has diverted the existing 'Chala' in such a manner that the same is suitable and appropriate to meet with the requirements of irrigation of the general public. Here it shall be apposite to refer the relevant portion of the instructions, which reads thus:

"....It is true that the present revisionist has diverted the existence of Chala and reconstructed on its own private ::: Downloaded on - 16/05/2018 23:06:08 :::HCHP 3 land, but as per spot situation report submitted by Tehsildar, Palampur, the newly diverted Chala is suitable .

and appropriate to meet with the requirement of irrigation.

There seems to be no infringement of rights of irrigation to the general public as the Chala is well maintained.

As regards the cause of diversion of the Chala, in this context it is submitted that as reported by Tehsildar, Palampur the revisionist has constructed his residential house upon Khasra No. 638 and it was circumstantial action on part of the revisionist to change the direction of the Chala to clear the hindrance for the construction. As per spot inspection report filed by the Tehsildar Palampur, the land falling in the vicinity of Chala is Kuhli Abal and the existing Chala is open and available to meet with the requirement of irrigation.....".

7. In view of the aforesaid report, nothing really survives for adjudication save and except to observe that the petitioner shall maintain Kuhal in the same manner as is being maintained by him today without adversely affecting the rights of other users of the Kuhal.

8. In this view of the matter, the order dated 13.7.2012 passed by learned Sub Divisional Magistrate, Palampur in case No.19/2012 and affirmed by learned Divisional Commissioner, Kangra at Dharamshala vide its order dated 5.2.2015 in case No. 256 of 2012, is set-aside, leaving the parties to bear their own costs.




    14th May, 2018.                               (Tarlok Singh Chauhan)
         (GR)                                                Judge




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