Law:

Section:

(a) Punjab Minor Canals Act (III of 1905)--------- ----------S. 43---------Punjab Tenancy Act (VI of 1887), S. 77 (3)---------Settlement of dispute with regard to use of water---------Suit with regard to settlement of dispute for use of water was filed before Deputy District Officer (Judicial) which was dismissed---------Validity---------Suit was not filed before the competent court having jurisdiction i.e. District Collector---------Deputy District Officer (Judicial) had no jurisdiction to try the suit with regard to dispute for use of water rights---------Plaintiff was bound to institute suit before District Officer Revenue having jurisdiction to try the present suit---------Courts below had acted without lawful authority by entertaining/adjudicating the present suit---------Findings recorded by the courts below were ultra vires, null and void and having no legal effect---------Deputy District Officer (Judicial) was bound to return the suit for filing it before the court having jurisdiction---------Plaintiff would be at liberty to file a fresh suit before the competent court of District Collector---------Constitutional petition was disposed of in circumstances. (b) Constitution of Pakistan--------- ----------Art. 199---------Constitutional jurisdiction of High Court---------Scope---------If findings recorded by the revenue hierarchy were not based on proper appreciation of evidence or were against law then High Court had jurisdiction to interfere with it. Muhammad Nawaz alias Nawaza and others v. Member Judicial Board of Revenue and others 2014 SCMR 914 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:--------- Through the instant Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, the petitioner Saif Ullah Khan seeks cancellation of orders dated 12.11.2009 passed by the learned Senior Member Board of Revenue Khyber Pakhtunkhwa, then NWFP, Peshawar by upholding the order dated 29.05.2009 of Additional Commissioner, Bannu. 2. Brief facts of the case are that petitioner filed a suit No.5 under section 43 of the Punjab Minor Canals Act, 1905 in the year 2005, before the Revenue Court of Deputy District…

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