with IR Hazrat Usman Vs Govt of KPK

JI'DGMENT SHEET

IN THE PESHAWAR HIGH OURT,

PESHAWAR,

IJI'DICIAL DEPARTMENTI

Writ Petition No.3987-P/2021 with IR.

Hanat Usman Vs Government of Khyber Pakhtunkhwa through Secretary Irrigation Peshawar at Civil Secretariat Peshawar and others For petitioner: Mr. Muhammad Irshad. Advocate.

For respondents: Mr. Mubashir Manzoor. Additional Advocate General.

Date of hearing: 25.07.2022.

JUDGMENT

F.AAJ.,kS\lp$,4N!.d.: Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, lg73,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 watet chsnnel and give watet to petitioner's ftetds/crops for irrigation through moga -7l73/Respondent at Mouza Takkan Furlhetmore the respondents be directed not to intetfere in petitionet's warbandi & water channel. Any other telief which this honorable Coutt deems propet may also be awarded to the petitioner."

2, After filing the writ petition, comments were called from the respondents No.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 intemrption 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 68-4, of the ibid Act specifically relates to the powers of the Divisional Canal Officer and procedure to restore intemrpted supply of water, which is reproduced for the sake of understanding and convenience:- "5.68-A. Powers of Canal Officer to restore interrupted sunnlv: If Canal Water supply of any land is intemrpted by dismantling a water-course or intemal 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 intemrpted supply of water at the cost of person who intemrpted 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 Sec.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, siuing 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.

Announced

25.07.2022 JUDGE

JUDGE

(D.B) Hon'ble Mr. Justice Syed Arshad Ali and Hon'ble Mr. Justice Fazal Subhan.

(Matrmood Shal\SSS)