Law: Canal and Drainage Act, 1873

Section: 68

Law: Constitution of Pakistan, 1973

Section: 199

Canal and Drainage Act (VIII of 1873)--- ---S. 68---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintaining existing Warabandi---Order impugned, was not a final order- passed on merits, but it was simply an instruction issued by Sub-Divisional Canal Officer to maintain status quo with regard to the existing warabandi and it was sufficient to infer that question involved in the matter pertained to question of fact which required recording of evidence and examination of record---Such question could not be gone into by High Court in exercise of its constitutional jurisdiction---Matter being already pending in the civil court and alternate remedy was available to petitioner to approach said court by filing application or to approach Divisional Canal Officer for passing an appropriate order, constitutional petition was dismissed. Benedict F.D. Souza v. Karachi Building Control Authority and 3 others 1989 SCMR 918; Federation of Pakistan and.2 others v. Major (Rtd.) Muhammad Sabir Khan PLD 1991 SC 476 and Muhammad Younas Khan v. Government of N.W.F.P. through Secretary and others 1993 SCMR 618 ref. THIS ORDER PASSED BY: MUHAMMAD AKHTAR SHABBIR, J.--- Brief resume of the case is that on the application of the petitioner filed under section 68 of the Canal and Drainage Act, Sub-Divisional Canal Officer has passed an order making an amendment in the existing warabandi vide order, dated 5-1-2006. 2. Learned counsel for the petitioner submits that the Divisional Canal Officer vide order, dated 7-3-2006 has directed the S.D.C.O. to maintain the existing warabandi and restrained him from implementing the order, dated 5-1-2006. 3. Learned counsel for the respondent submits that a civil suit with regard to the same out-let/Moga is pending before the Civil Court and the Court has issued the status quo order and that is why the Divisional Canal Officer has passed the said order maintaining the status quoa issued by the Court. 4. The petitioner has knocked the constitutional jurisdiction of this Court with the following prayers:…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492