Law:

Section:

Canal and Drainage Act (VIII of 1873)-------S. 68---Punjab Irrigation and Drainage Authority (Pilot Farmers Organization) Rules, 2005, Rr.17 (a), 18 & 23 Constitution of Pakistan (1973), Art. 199---Constitutional petition---Distribution of water---Farmers Organization---Jurisdiction---Disputes among farmers---Canal Authorities, on application filed by petitioner, made amendment in existing Warabandi of irrigation water---President Farmers Organization took cognizance of the matter and set aside the order passed by Canal Authorities in exercise of his powers under Rr.18 and 23 of Punjab Irrigation and Drainage Authority (Pilot Farmers Organization) Rules, 2005---Plea raised by petitioner was that President Farmers Organization was not an appellate authority against an order passed by Authorities under S.68 of Canal and Drainage Act, 1873---Validity---Word "shall" was used in R.23 (1)(2) and (3) of Punjab Irrigation and Drainage Authority (Pilot Farmers Organization) Rules, 2005, which were mandatory in nature---Farmers Organization could not take cognizance of dispute directly without referring the matter by Khal Punchayat--Respondent was duty bound to approach Khal Punchayat for resolution of dispute, in the first instance, which would mediate the dispute between farmers for equitable distribution of canal water as per R.17 (a) of Punjab Irrigation and Drainage Authority (Pilot Farmers Organization) Rules, 2005---President Farmers Organization was not appellate authority regarding orders passed by canal authorities; case had not been referred by Khal Punchayat to Farmer Association; application under S.68 of Canal and Drainage Act 1873, was filed on 4-5-2005, whereas Punjab Irrigation and Drainage Authority Act (Pilot Farmers Organization) Rules, 2005 were enforced thereafter, therefore, Rules had no retrospective effect---Order passed by President Farmers Organization was passed illegally, without lawful authority and was of no legal effect---Petition was allowed accordingly. Dr. Shahida Nasreen, Additional Medical Superintendent, Services Hospital, Lahore v. University of the Punjab through Vice-Chancellor, Lahore and 2 others PLD 1999 Lah. 207 rel. Sh.…

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