| Citation(s) |
|---|
| 1956 SLG 191 1956 SLD 191 = 1956 PLD 23 |
Revision Side No. 18 of 1955-56, decided on 29th February 1956, District Dera Ghazi Khan.
Before Nasir Ahmad, Member, Board of Revenue, West Pakistan,
Tasaddaq Hussain for Petitioner. Sardar Muhammad Iqbal for
Respondent.
KHUDA BAKHSH-Petitioner
VERSUS
GHULAM HUSSAIN-Respondent
Law: Punjab Minor Canals Act (III of 1905)
Section: 10, 43
Law: Punjab Land Revenue Act (XVII of 1887)
Section: 15
P L D (Rev.) 1956 W. P. 23
This case involved a dispute over water distribution between two subsidiary channels, Khanwah and Hazuriwah, under the Punjab Minor Canals Act, 1905. Initially, the Financial Commissioner had fixed point “A†for bifurcation, but due to changes in the stream’s bed, the Commissioner later shifted it to point “E.†The petitioners argued that such alteration required a suit under section 43 and could not override the earlier order. The court held that the Collector could proceed summarily under section 10, and since point “A†was no longer practicable, the Revenue Board reviewed the earlier order suo moto, upheld point “E,†and dismissed the petition.