Law:

Section:

Canal and Drainage Act (VIII of 1873)-------Ss. 20 & 68---Civil Procedure Code (V of 1908), S.9---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability----Change of source of water supply---Order passed under S.20, Canal and Drainage Act,. 1873---Mode to challenge---Any type of order passed under S.20, Canal and Drainage Act, 1873 can be assailed through civil suit---Questions of fact being involved in such cases these have to be considered after the same were highlighted through production of evidence---Order in question, passed by Canal Authorities was challenged. by petitioners through filing of Constitutional petition on the ground that same was illegal, void, without authority and without jurisdiction---All averments and assertions raised in Constitutional petition could be agitated before Civil Court where analysis would have to be made/effected on the basis of production of evidence and submissions through arguments---Even if order passed by Canal Authorities was without jurisdiction, same would have to be got set aside by adopting correct procedure and availing remedy before competent forum---Civil suit being efficacious remedy against order passed by Canal Authorities under Ss. 20 & 68, Canal and Drainage Act, 1873, Constitutional petition challenging such orders would not be maintainable. Shafiq Ahmad and others v. Abdul Latif Khan and others PLD 1961 (W.P.) Lah. 439 rel. Fazal Din and others v. Rehmat Ullah and others PLD 1961 (W.P.) Lah: 293 and Muhammad Shafi and others v. Education Authorities NLR 1992 TD 728 ref. ORDER Nasir Ahmad respondent No.3 submitted the application under section 20 of the Canal and Drainage Act before the Divisional Canal Officer, Trimu Barrage Division, District Jhang/respondent No.2 wherein he prayed that his agricultural land measuring 2 acres situated in fields Nos.21- and 22 of Square No.39 in Chak No. l0lGhagh Tehsil Kabirwaia may be withdrawn from the Chakbandi of Outlet No.63335/L Rajbah Ghagh and same may be affiliated for irrigation purposes in the Chakbandi of Outlet No.64690/L Rajbah Ghagh. The Divisional Canal Officer/respondent No.2 after making thorough investigation…

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