Conversion of Water channels and water reservoirs

Sections 20, 3 and 59- Conversion of Water channels and water reservoirs-Water channels and water reservoirs for irrigation cannot be Converted to other purposes. Revenue authorities having no jurisdiction to decide title of the land land under Section 35. If such conversion is attempted the affected railways or the State may initiate appropriate legal proceedings. Respondent No. 2 evidently had no jurisdiction to decide a complicated question of title while exercising his jurisdiction under Section 35 of the said Act. The respondents have contended that no sale of a tenk can be made by a raiyat. If the tank is converted for the use of any other purpose or brought under cultivation, it would be open to the affected raiyats or the State to imitate an appropriate legal action against the petitioner. It is further made clear that the disputed question of title of the petitioners in respect of the aforementioned tank may be decided in an appropriate proceeding. [Ansar Ali v. State of Bihar, 1996, (2) P L J R 656 : (1) B L J 751 (Pat)]. (1) The Commissioner or the Deputy Commissioner may, on his own motion or otherwise, call for the record of a case decided by Court under his control in which an appeal does not lie or in which for cause shown to his satisfaction an appeal has not been preferred within the time limit there for, and may pass such order in the case as he thinks fit: Provided that the Commissioner shall not pass such order on an application by a party until the Deputy Commissioner or the Additional Deputy Commissioner, as the case may be, has heard the matter in revision or appeal and passed an order. (2) The Deputy Commissioner may, by order in writing, empower any Sub-divisional Officer under his control to exercise the powers conferred on the Deputy Commissioner by sub-section (1) with respect to the decisions of all or any of the Courts of Deputy Collectors not in charge of a sub-division, under the Control of the Deputy Commissioner.