This constitutional petition, moved under Article 9 of the Provisional Constitution Order, 1981 has been invoked to declare the order, dated 16th July, 1981 passed by the Superintending Canal Officer, Bahawalnagar to be without lawful authority and of no legal effect. The relevant facts of this case in substance are that both the parties own land in Chak No. 196/4‑L, Tehsil Fort Abbas District Bahawalnagar. Bashir Abroad, the petitioner irrigates his land from outlet No. 5/4‑L, Hakra Branch whereas the respondents receive water from outlet No. 3/4‑L of the same Branch. The respondents applied to the Divisional Canal Officer for the change of their existing Chakbandi of outlet No. 3/4‑L to the proposed Chakbandi of outlet No. 5/4‑L for better and proper irrigation of their land. Despite the favourable reports made by the Ziledar and the Sub‑Divisional Canal Officer, the Divisional Canal Officer rejected the application of the respondents on 30th March, 1978 and sent the papers to the Superintending Canal Officer as envisaged under section 20 of the Canal and Drainage Act, 1873 ( which shall hereinafter be referred to as the Act). The Superintending Canal Officer issued notices to both the parties and reversed the order of the Divisional Canal Officer, dated 30th March, 1978. The said order of the Superintending Canal Officer is, dated 3rd June, 1978. The petitioner sought the assistance of the learned Senior Civil Judge, Bahawalnagar for the annulment of the said order. He sought a temporary injunction and the matter came up to this Court. My learned brother Mr. Justice Manzoor Hussain Sial, J., on 23rd May, 1981, with the concurrence of the parties, directed that the case be re heard by the Superintending Canal Officer and he should afford an opportunity to both the parties of being heard. The Superintending Canal Officer heard the parties and repeated his verdict in the impugned order. The impugned order has been assailed on the following rounds :‑----- That no cogent reasons for the acceptance of the abjections of the respondents have been recorded in the impugned order. That the learned counsel for the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register