Law: Punjab Minor Canals Act, 1905

Section: 59(b),59(2)

ORDER   H. A. MAJID----------The first question which has cropped up is a technical one, viz: whether the Board of Revenue is competent to deal with the present case. A perusal of section 59 of the Minor Canals Act read with the last sentence in clause (b) of subsection (2) of section 43 of the Act tends. to show that the Board of Revenue has no power to interfere with the decision recorded by the Commissioner. The order of the Collector in the present case was in so many words passed under the said clause (b).   The petitioner states that in fact the Collector was passing orders under clause (a). The Commissioner at the time of hearing the present petitioner's appeal does not appear to have examined the question whether the order appealed against had been passed under clause (a) or under clause (b). I cannot, however, help accepting the position that the order was passed under clause (b) and that conse quently I have no power of…