Law:

Section:

(a) Canal and Drainage Act (VIII of 1873)--S.68---Constitution of Pakistan (1973), Art.185(3)---Land Reforms Regulation, 1972 [M.L.R. 115], para. 25---Leave to appeal was granted to consider the contentions that petitioner's side had been utilizing the Nikal for a very long time under unofficial arrangement when the same was confirmed, in a regular Warabandi in 1980; that few years later on respondent's application petitioner was deprived of such long-standing arrangement and that the mere fact that respondents side made a partition amongst themselves which suited their convenience was no ground for depriving petitioner of a right regarding Nika1---Point regarding prohibition by Martial Law Regulation 115 against partition of land had also been pressed ---Such and other points raised in petition required examination, necessitating grant of leave to appeal. (b) Canal and Drainage Act (VIII of 1873)--- -----S. 68--.Amendment in Warabandi without issuing statutory notice to the affected party---Validity--- Lands of parties having been irrigated from the same outlet, they had their mutual arrangement for the irrigation of their lands from the common outlet whereby appellants had been enjoying use of Nikal since long; subsequently for the first time, official Warabandi was prepared---One of the respondents applied for the amendment of Warabandi on the ground that he had effected partition with his co-sharers--- Amendment in Warabandi was effected---Appellant being the most affected person (who had been using Nikal since time immemorial) was not issued any notice--­Nothing on record showed that statutory notice in terms of S.68(2), Canal and Drainage Act, 1873, was issued to appellant and duly served upon him---Order passed without issue of prior notice provided in the relevant statute was nullity in the eye of law---Judgments of all the Courts below were set aside and case was remanded to concerned official for decision afresh after issuing notice to appellant and affording him opportunity of being heard. Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore PLD 1971 SC 61 rel. JUDGMENT WALI MUHAMMAD KHAN, J.---Mala appellant, through leave of the Court, has…

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