rules had however been made by the punjab government in respect of the sirhind canal and branches thereof as also the western jumna canal and branches thereof as early as april 1873 and august 1878 respectively.
thereafter the divisional canal officer narwana on the recommendation of the sub divisional officer canal narwana made an order levying special charges against these appellants.
appeal by special leave from the judgment and order dated april 11 1956 of the former pepsu high companyrt in civil misc.
it appears that on the night of september 1 1951 there was a cut on the left bank of sirsa branch canal.
227 of the companystitution for relief against an order made by the divisional canal companymissioner narwana for payment of certain water rates and tawan.
on appeal the divisional canal officer narwana ordered in partial modification of the order made by the sub divisional officer the levy of six times the crop rates on cultivated area and six times the charges on uncultivated area and single bulk rate on water store of village simla.
against this order of dismissal the present petition has been filed by special leave obtained from this court.
civil appellate jurisdiction civil appeal number 43 of 1958.
this levy was made on the basis of his conclusion that the villagers of simla were responsible for the cut and joined hands for the companymon good.
april 27.
226 and art.
naunit lal for the appellants.
certain persons were prosecuted on a charge for having damaged the canal but they were acquitted.
case number 173 of 1955.
the judgment of the companyrt was delivered by dab gupta j. the 51 appellants all of whom belong to village simla tehsil narwana filed in the pepsu high court at patiala a petition under art.
m. sikhri advocate general punjab gopal singh and d. gupta for the respondents.
