CWP-38277-2025 (O&M) 1 118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-38277-2025 (O&M) Date of decision : 21.07.2026 MAHENDER SINGH AND OTHERS ....Petitioners Versus STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Sanjiv Gupta, Senior Advocate with Mr. Umesh Sharma, Advocate for the petitioners. Ms. Upasana Dhawan, AAG, Haryana. PANKAJ JAIN, J. (ORAL) By way of present under Article 226/227 of the Constitution of India, the petitioners challenge order dated 23.10.2025 passed by Commissioner, Hisar Division, Hisar. 2. The dispute arises out of partition proceedings initiated by the petitioners by filing application, Annexure P-1. 3. Learned Senior counsel for the petitioners has drawn attention of this Court to the impugned order passed by the revisional authority whereby it has been observed that the revenue authorities need to ascertain as to whether khaal i.e., a sanctioned watercourse is even required or not. 4. Ld. Senior Counsel appearing for the petitioners submits that the khaal is a sanctioned watercourse which is in existence for a quite long DEEPAK KUMAR 2026.07.23 14:53 I attest to the accuracy and integrity of this document CWP-38277-2025 (O&M) 2 time. The khaal is the only source of irrigation for the land owned by the petitioners. It is only the Canal Authorities who can opine and adjudicate upon the issue of necessity of watercourse and revenue authorities have no jurisdiction to entertain such question, yet the revisional authority has passed the impugned order. 5. Reliance is being placed upon Section 112 of the Haryana Land Revenue Act, 1887 (hereinafter referred to as ‘1887 Act’). 6. I have heard learned Senior Counsel representing the petitioners and have carefully gone through records of the case. 7. The primary grievance of the petitioners is against Para 7 of the impugned order which reads as under: “7- Keeping in view the aforementioned facts and circumstances, while remanding back this case to the Assistant Collector Second Grade, Narnaund, a direction has been given that after hearing both the parties, only the issue of Khaal be again decided in Khasra No. 82//6, 7, 14 and 15. If any other Khaal is attached to the area of Mahender Singh apart from the proposed Khasra No. 82//6, 7, 14 and 15 between the school, then it is not appropriate to give Khaal from the school which is functioning since the year 2007. Assistant Collector Second Grade Narnaund is hereby given direction that if there is even need of Khaal, then the same be given from any other place except by giving between the school. Both the parties are directed that they shall remain present in the Court of Assistant Collector Second Grade, Narnaund on 01-12-2025. The record of the Lower Court be sent back alongwith the certificate copy of the decision of this Court. xx” DEEPAK KUMAR 2026.07.23 14:53 I attest to the accuracy and integrity of this document CWP-38277-2025 (O&M) 3 8. Ld. Senior Counsel is right to the extent that revenue authorities while deciding partition application in view of Haryana Canal and Drainage Act, 1974 are deluded from entertaining any question of adjudication qua watercourse. The revenue authorities can opine as to whether the sanctioned watercourse operates as restriction or limitation in partition and cannot opine upon necessity thereof. 9. In view thereof, the impugned order is modified to the extent that the Assistant Collector 2nd Grade, Narnaul while deciding partition application pursuant to the remand order, shall adjudicate the issue of khaal strictly in accordance with mandate of Section 112 of 1887 Act without being prejudiced by any observations made by the revisional court. 10. Keeping in view the innocuous relief granted to the petitioners, this Court does not deem it apt to issue notice to the private respondents. However, in case the private respondents feel aggrieved of the present order, they will be at liberty to move an appropriate application. 11. The present writ petition is accordingly, disposed off 12. Pending application, if any, shall also stand disposed off. July 21, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DEEPAK KUMAR 2026.07.23 14:53 I attest to the accuracy and integrity of this document