Case Details

Citation(s)
1959 SLG 4277 = 1959 SLD 4277 = 1959 PLD 105
West Pakistan
Revision Side No. 9 of 1956 decided on 11th February 1957, District Rahimyar Khan.
Presented By: H. A. Majid

Sheikh BASHIR AHMAD-Petitioner  

VERSUS

  THE STATE-Respondent

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

Section: 70(12)

 Northern India Canal and Drainage Act (XVIII of 1873),   S. 70 (12)-Unauthorised irrigation-Canal Administration to guard against unnecessary harassment of irrigators who, finding their outlets damaged, themselves make a report to the authorities Overseer's. report not accepted by Divisional Canal Officer cannot at the same time be made basis for penalty.   ORDER   In this case the damaged outlet was detected by the Sub Divisional Officer on 2-10-54. The damage to the outlet had, however, been earlier reported by the irrigators to the Sub Divisional Officer on 20-8-1954 vide their application dated 8-8-54 at page 53 of the Irrigation file. The Overseer had been asked to see the spot and to mend the damage. The Overseer reported on 26-9-54 saying that he had inspected the spot on 6-9-54 but this report of his was not sent to the Sub-Divisional Officer till 10-10-54.   The Canal Divisional Officer has formed the opinion that this) petition of the irrigators was meant as `Peshbandi' and they had…
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