Case Details

Citation(s)
1959 SLG 171 1959 SLD 171 1959 PLD 9
Lahore High Court
Revision Side No. 15 of 1955-56, decision dated: 23rd January, 1957. District Bahawalnagar.
H.A. MAJID, MEMBER, BOARD OF REVENUE, WEST PAKISTAN
Fazal Elahi for Petitioner

Mian MUHAMMAD MOOSA

VS

THE STATE

Law:

Section:

Northern India Canal and Drainage Act (VIII of 1873), S. 33---Penalty imposed on irrigators-Responsibility for affecting cut on particular individuals not possible to be fixed though cut was deliberate-Penalty reduced. ORDER In this case, the Divisional Canal Officer came to the con­clusion that the distributary No. 3-R was cut on the night between the 16th and 17th October, 1951, and the unauthorised benefit was obtained by the landowners of the estate of Chak Pakka. He, therefore, imposed on them a Tawan of Rs. 5,825-10 equivalent to six times the crop rates, vide his order dated 4-2-54. The petitioners state that they appealed to the Deputy Commissioner exercising powers as Commissioner and that he dismissed their appeal on 26-8-54. They have, however, failed to obtain a copy of the appellate judgment. The Irrigation records also do not contain a copy of the Commissioner's order. In fact, their file contains reports to the effect that no appeal was lodged with the Commissioner according to their in­formation. In the above circumstances, it is 'not possible to judge whether an appeal was in fact lodged or not. But if the appeal was rejected as admitted by the petitioners, I need not refer to the Commissioner's judgment at all. There is no doubt that the Police did not succeed in finding the culprits with the result that no challan was actually sub­mitted to a criminal…
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