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Judgment
A.S. Bains, J. (Oral)
The Divisional Officer, Tubewell Construction Division, Jullundur framed a scheme for the construction of tubewell No. 78 in village Kasupur, District Jullundur. According to the scheme, a khal is to be taken through the petitioner''s land. It is alleged that no notice was sent to the petitioner before preparing the scheme and the petitioner did not know of the proceedings until 5.7.1973. He then went to the office of the Divisional Officer, Tubewell Construction Division, Jullundur and came to know of the passing of the impugned scheme on 31.1.1973 (Annexure B). On the same day, he filed an appeal before the Superintending Engineer, Punjab Tubewell Circle, Sector 17E, Chandigarh who dismissed the appeal without hearing the petitioner. It is, in these circumstances, that the present writ petition has been filed.
From a perusal of the orders of the Superintending Engineer dated 6.8.1973, it is apparent that the petitioner was not heard and he was only informed that his appeal had been filed. No reasons are given for the filing of the appeal. The order is cryptic. It is in the following terms :
" ... ... You are hereby informed that the only duty cast upon the Divisional Canal Officer is that before approving schemes for khals, he should publish the scheme under Section 30 of the Canals Act and notify the "respectable persons" and proclamation etc. thereof. When a decision is taken after following the due procedure, the concerned shareholders can file the appeal within 30 days. It is none of the responsibility of the Government to search for the shareholders individually who live outside their homes. Therefore, your proposal is rejected and the appeal cannot be accepted after six months.
The appeal is filed. This is for your information. ... ...".
I am of the view that the appeal cannot be disposed of in this manner.
The appellant has to be heard and then his objections raised in the appeal are to be decided by giving reasons and then the appeal is either to be allowed or disallowed. The Superintending Engineer has dismissed the appeal of the petitioner without hearing him. Accordingly, the impugned orders (Annexure ''D'') are quashed and it is directed that the Superintending Engineer shall redecide the appeal of the petitioner after hearing him. The writ petition is accordingly allowed. No order as to costs.
The petitioner is directed to appear before the Superintending Engineer, Tubewell Circle, Punjab, Chandigarh on the 24th day of April, 1982.