Case Details

Citation(s)
2000 SLG 1753 2000 SLD 1753 2000 SCMR 219
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1286-L of 1997, decision dated: 9-04-1999.
KHULIL-UR-REHMAN KHAN AND SH. IJAZ NISAR, JJ

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HASHAM and others

VS

AMEER

Law:

Section:

Canal and Drainage Act (VIII of 1873)--S. 68---Constitution of Pakistan (1973), Art. 185(3)---Sanction of "Warabandi"---Jurisdiction of Divisional Canal Officer---Trial Court in view of Revenue Manual of the Irrigation Department and other relevant factors, came to the conclusion that since a dispute had arisen among the shareholders of the outlet of watercourse in dispute, Divisional Canal Officer was competent to amend "Warabandi" under S. 68, Canal and Drainage Act, 1873 and found respondents entitled to the Nikal Water---High Court after taking stock of all relevant factors upheld of Trial Court--­Petitioner having failed to point out any illegality committed by Trial Court in approving amended "Warabandi" by Divisional Canal Officer under S. 68 Canal and Drainage Act, 1873, of High Court upholding decision of Trial Court could not be interfered with by Supreme Court. JUDGMENT SH. IJAZ NISAR, J. ---This petition is directed against the judgment dated 11-7-1997 passed by the Lahore High Court, Lahore, in R.S.A. No.266 of 1969. 2. The dispute in this case relates to "Warabandi" of "Moga" No. 11017/1- Rajbah Dhudhi minor, Chak No. 215/RB, Hafizabad Division, Lyallpur sanctioned on 3-4-1965. The petitioner filed a declararatory suit seeking declaration that the Warabandi was illegal, void and liable to be set aside. The grievance of the petitioners in the suit was that the respondents never prayed in their application submitted before the Canal Authorities that the Nikal water he sanctioned to them, and thus, the DCO was not empowered to sanction the same. The suit was contested by the respondents. The learned trial Court after framing the issues and hearing the parties, dismissed the suit on 10-2-1968. 3. Feeling aggrieved, Hasham deceased etc., the petitioners, filed an appeal, which was accepted by the learned District Judge vide judgment dated 17-3-1969. The learned District Judge observed that the DCO went beyond his jurisdiction in sanctioning the Nikal water, as there was no dispute about it between the parties. 4. Feeling dissatisfied, Ameer deceased etc., respondents filed a second appeal in the Lahore High Court, which was accepted on 11-7-1997 and…
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