| Citation(s) |
|---|
| 1959 SLG 4198 = 1959 SLD 4198 = 1959 PLD 12 |
West Pakistan
Revision Side No. 32 of 1955-56, decided on 25th January 1957. District Bahawalpur.
Presented By: H. A. Majid
Revision Side No. 32 of 1955-56, decided on 25th January 1957. District Bahawalpur.
Presented By: H. A. Majid
JAMAL-UD-DIN-Petitioner
VERSUS
THE STATE-Respondent
Law: Northern India Canal and Drainage Act (VIII of 1873)
Section: 33
Northern India Canal and Drainage Act (VIII of 1873), S. 33 ---Damage to outlet -Tawan-No proof that damage was caused by some person and that irrigators obtained undue advantage from illicit irrigation-Tawan remitted. ORDER In this case, I have to interfere because the Irrigation Branch have not shown why a Tawan should be levied even where the' information about the damage to the outlet was reported to the Irrigation authorities by some of the irrigators. The Sub-Divisional Officer reported to the Divisional Canal Officer that the irrigators played a trick by obtaining an undue advantage from illicit irrigation and then reporting the fact to the Overseer them selves. This is a thesis which cannot be easily accepted unless some tangible factors were available in support thereof. …