P L D 2024 Peshawar 33 (PLP)
HAZRAT USMAN — Petitioner Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Irrigation Peshawar and others — Respondents
| Citation | P L D 2024 Peshawar 33 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | HAZRAT USMAN — Petitioner Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Irrigation Peshawar and others — Respondents |
| Primary Law | Canal and Drainage Act (VIII of 1873) |
Q1: What are the key laws and sections cited in P L D 2024 Peshawar 33 (PLP)?
This judgment primarily cites: Canal and Drainage Act (VIII of 1873) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2024 Peshawar 33 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2024 Peshawar 33 (PLP) (HAZRAT USMAN — Petitioner Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Irrigation Peshawar and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Irshad for Petitioner.
- Mubashir Manzoor, Additional Advocate General for Respondents.
Headnotes / Summary
S. 68-A
Constitution of Pakistan, Art. 199
Constitutional petition
Alternate and efficacious remedy
Water supply
Petitioner sought restoration of water channel for uninterrupted water supply to his fields for irrigation
To deal with matters relating to irrigation, navigation and drainage, Canal and Drainage Act, 1873, was promulgated
Provision of S. 68-A of Canal and Drainage Act, 1873, specifically related to powers of Divisional Canal Officer and procedure to restore uninterrupted supply of water
Divisional Canal Officer was authorized under S. 64-A of Canal and Drainage Act, 1873, on an application, to conduct enquiry, as he deemed necessary, and could order interim restoration of dismantled water-course
High Court in exercise of Constitutional jurisdiction declined to interfere in the matter as relevant law was available to redress grievance of petitioner and the matter fell within the domain of Divisional Canal Officer
Constitutional petition was dismissed, in circumstances.
Judgment & Decree
FAZAL SUBHAN, J.
Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks the following relief:-- "It is, therefore humbly requested that on acceptance of instant writ petition, the respondents be strictly directed to restore water channel and give water to petitioner's fields/crops for irrigation through moga 7173/Respondent at Mouza Takkar. Furthermore the respondents be directed not to interfere in petitioner's warbandi and water channel. Any other relief which this honorable Court deems proper may also be awarded to the petitioner."
2. After filing the writ petition, comments were called from the respondents Nos. 3 to 5, which have been received, wherein issuance of the writ asked for was strongly opposed.
3. We have heard arguments of learned counsel for the petitioner as well as learned AAG on behalf of the respondents and have perused the documents available on the file.
4. In their comments, the respondents have not denied the rights of petitioner to the use of water but contended the preparation of schedule of new warbandi wherein the fields of petitioner have already been included in the list of shareholders, and denied to have caused any interruption in the supply of water to his fields. The Canal and Drainage Act, 1873, was promulgated to deal with matters relating to irrigation, navigation and drainage. Section 68-A of the ibid Act specifically relates to the powers of the Divisional Canal Officer and procedure to restore interrupted supply of water, which is reproduced for the sake of understanding and convenience:- "S.68-A. Powers of Canal Officer to restore interrupted supply: If Canal Water supply of any land is interrupted by dismantling a water-course or internal kahal, the Divisional Canal Officer may, upon application made to him in this behalf and after such enquiry as he may deem necessary order interim restoration of the dismantled water-course or the internal Khal and the interrupted supply of water at the cost of person who interrupted the supply and if necessary by use of such agency or force as may be called for and such order shall remain in force until the dispute is finally settled under section 68 and if necessary a water-course link is constructed under this Act."
5. The said provision authorize the Divisional Canal Officer, on the application, to conduct enquiry, as he deemed necessary, and may order interim restoration of dismantled water-course, therefore, when relevant law is available to redress the grievance of petitioner; then this Court, sitting in the Constitutional jurisdiction, would avoid to pass any order in the matter falling within the domain of Divisional Canal Officer, hence this writ petition is dismissed in limine. MH/228/P Petition dismissed.