Case Details

Citation(s)
1965 SLG 4527 = 1965 SLD 4527 = 1965 PLD 40
West Pakistan
Revisions Nos. 66 and 1833 of 1962-63, decided on 10th June 1965.
Presented By: I. U. Khan
Ghulam Rasul Shah for Petitioners.  

GHALOO KHAN AND OTHEES-Petitioners  

VERSUS

  THE STATE-Respondent

Law: Sind Irrigation Act (VII of 1879)

Section: 67,77

Sind Irrigation Act (VII of 1879)-----   -----Ss. 67 & 77-Revenue Commissioner has only powers of supervision and control over proceedings before Collector---Commissioner need not pass "judicial" order-Revision before Additional Commissioner not competent, nor second Revision before Board--Sind Irrigation Act (VII of 1879) a special Act; Sind Revenue Code not, applicable-[Case of Fine for tampering with module of distributory].   ORDER   This order will dispose of the following two revisions:-   Ghaloo Khan and others v. State (Revision No. 1833 of 1962-63).   Shah Bakhsh and others v. The State (Revision No. 66 of 1962-63).   These two revisions have been filed against an order dated the 22nd of December 1960, passed by Additional Commissioner, Hyderabad, whereby the revisions preferred by the petitioners were rejected.   The facts of the case are that the petitioners were penalized for tampering with a module on WC. 2 R-ex-Chanda distributory and were fined. They went in appeal to the Deputy Commissioner, Sanghar who dismissed the appeal. They then filed revisions before the Additional Commissioner but they were also rejected. Hence these second revisions.   I have heard the learned counsel for Ghaloo Khan, Wadi Khan and Wazir Khan petitioners. There is no law under which second revisions can be entertained. As a matter of fact, revision could not be preferred before the Additional Commissioner. The relevant provisions are contained in section 67 of the Sind…
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