High CourtsSingle Bench(2026) 08 P&H CK 5043

Harbhajan Singh & Anr. vs Superintending Canal Officer & Ors.

Punjab And Haryana At Chandigarh · Decided on 6 August 2026

HON’BLE JUDGES
Pankaj Jain, J
CASE NUMBER
CWP-151-2000 (O&M)

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Judgment

19 paragraphs · 430 words

PANKAJ JAIN, J. (Oral)

1.

Present writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari for quashing dated 19.02.1997 (Annexure P-8) passed by respondent No.2 and order dated 28.10.1999 (Annexure P-11) passed by respondent No.1.

2.

On 20.07.2026, following order was passed:-

“CM-4079-CWP-2026

This is an application for placing on record death certificate of petitioner No.1 Harbhajan Singh.

For the reasons recorded in the application, the same is allowed subject to all just exceptions. Death Certificate of petitioner No.1 marked as Annexure A-1 is taken on record.

CM-4080-CWP-2026

This is an application filed under Order XXII Rule 3 CPC read with Section 151 CPC for impleading LRs of deceased/petitioner No.1 Harbhajan Singh, who is stated to have died on 27.04.2021.

As per the averments made in Paras No.3 and 4 of the application, deceased/petitioner No.1 Harbhajan Singh is survived by his two sons, who have been detailed out in Para No.3 of the application. Apart from them, there is no other surviving legal heir of the deceased/petitioner No.1. Application is supported by affidavit.

In view of above, the instant application is allowed subject to all just exceptions. Legal heirs of petitioner No.1/deceased as detailed out in Para No.3 of the application, are ordered to be impleaded. Amended memo of parties is taken on record.

CWP-151-2000

The present writ petition is directed against order passed by the Canal Authorities whereby the area of respondents for purpose of irrigation was transferred from one outlet to another. The operation of the impugned order was stayed way back in the year 2000. Respondents have not approached this Court for vacation of the same.

State Counsel is directed to furnish status report as to whether the impugned orders were implemented prior to grant of interim stay or not.

Adjourned to 06.08.2026.”

3.

Mr. Navneet Singh, on instructions from Gursagar Chahal Deputy Canal Officer, submits that the impugned order was never implemented.

4.

In view of the fact that respondent No.3 never made any effort to seek modification of the interim order passed in the year 2000, this Court is of the opinion that the parties have reconciled with the situation.

5.

In view thereof, the present writ petition is allowed. Order dated 11.01.2000 passed by this Court is made absolute. However, liberty is granted to respondent No.3/his LRs to move fresh application, if so required before the canal authorities.

6.

Ordered accordingly.

7.

Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.