Power of Deputy Collector to order use or distribution of water and settlement of differences.

(1) The Deputy Collector may, if in his opinion it is necessary so to do, pass an order as to the use or distribution of water from a watercourse amongst persons in any estate or a group of estates or in any holding or group of holdings in such estate or estates: Provided that no such order shall be passed by the Deputy Collector without making an inquiry into the matter and without giving a notice to the persons interested that, on a day to be named in such notice, he shall proceed to inquire into the said matter. (2) Whenever a dispute or difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a watercourse, any such person may apply in writing to the Deputy Collector stating the matter in dispute. (3) On receipt of an application under sub-section (2), the Deputy Collector shall give notice to the other persons interested that, on a day to be named in such notice, he shall proceed to enquire into the said matter, and after the inquiry he shall pass an order thereon. (4) An order passed under sub-section (1) or sub-section (3) as to the use or distribution of water for any crop sown or growing at the time when such order is made or with regard to the construction or maintenance of a watercourse shall, subject to an order passed on appeal or revision under sub-sections (5) and (6), be final. (5) An appeal shall lie to the Divisional Canal Officer against an order referred to in sub-section (4) within a period of thirty days from the date of such order. (6) The Superintending Canal Officer, within whose jurisdiction the watercourse is situated, may, suo motu or on an application made in this behalf by an aggrieved person, revise an order passed in appeal by a Divisional Canal Officer under sub-section (5) : Provided that no such application shall lie unless it is made within a period of thirty days from the date of such order. (7) No order passed under this section shall be liable to be called in question in any civil court.