67. Jurisdiction under this Act of Civil Courts. - Except where herein
otherwise provided, all claims against the State Government in respect of
anything done under this Act may be tried by the Civil Courts but no such Court
shall in any case pass an order as to the supply of canal water to any crop sown
or growing at the time of such order.
[68. Power of Deputy Collector to order use or distribution of water and
settlement of differences as to mutual rights and liabilities of persons
interested in water-course.] - (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
water-course 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 all 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 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
water-course, any such person may apply in writing to the Deputy Collector
stating the matter in dispute.
(3) On the 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 inquire into the said matter and after the enquiry
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 water-course shall
subject to an order passed on appeal or revision under sub-section (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 water- course
is situated, may, suo motu on or 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.
69. Power to summon and examine witnesses. - Any officer empowered under
this Act to conduct any enquiry may exercise all such powers connected with the
summoning and examining of witnesses, as are conferred on Civil Courts by the
Code of Civil Procedure, and every such enquiry shall be deemed a judicial
proceeding.