Law: Northern India Canal and Drainage Act (VIII of 1873)

Section: 68

  Canal and Drainage Act (VIII of 1873) S. 68-Interpretation-Panel warabandi-Canal Officer's order (regarding distribution of water) once passed is final qua him and could only be set aside by a civil Court-Canal Officer not competent to set aside or reverse his previous order without assigning any reason and without any change in facts and circumstances. A number of co-sharers on a nakah in question used to irrigate their lands under a mutual private warabandi in vogue between them. One of the co-sharers G applied in 1955, for permission to shift his nakah from one killa to another. The application of G was refused and the existing arrangement continued. Thereafter another co-sharer N applied in 1957, for fixing a panel warabandi and the Canal Officer sanctioned the warabandi between all co-sharers and gave approval also to change of the nakah previously refused by him in 1955, on the application of G. Held : The previous order passed by the Divisional Canal Officer was final and binding between the parties and was not liable to be set aside or reversed afterwards by the Canal Officer concerned without assigning any reason and to the absence of any new facts and circumstances justifying the change. The provision of section 68 of the Canal and Drainage Act is divided into two parts. The first part deals with the use or distribution of water for any crops sown or growing at the time. The order of the Canal Officer in this respect is final and read with section 67 of the Act the civil Court has no jurisdic tion to pass any order as to the supply of Canal water to any crop sown or growing at the time of such order. The second part of the section further lays down that the order passed by the Canal Officer shall thereafter remain in force until set aside by the decree of a civil Court. In other words, so far as the Canal Officer is concerned, he cannot vary or alter his order afterwards and is final qua him. Nawab Ghulam Mahboob Subhani v. Prem Narayan 25 P R 1893 and Shahabuddin v. Muhammad Sharif and others P L D 1958 Lab. 333 ref. Fazal Muhammad and others v. Ganda Singh and others A I R 1929 Lah. 260 considered. Date of hearing : 26th May 1970.  …