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Initializing Secure Chambers
Petitioner: Judicial-I) NAZIR AHMAD and others VS Respondent: DIVISIONAL CANAL OFFICER
Court Name: Board of Revenue Judge(s): Muhammad Aslam Hayat Title: Judicial-I) NAZIR AHMAD and others vs DIVISIONAL CANAL OFFICER Case No.: R.O.R. No,0 of 2006 Date of Judgment:2009-01-19 Reported As: 2009 MLD 789 Result: Order accordingly
Judgment ORDER ' The above captioned revision petition has been filed against the order, dated 19-7-2005 passed by Superintending Canal Officer, Bahawalnager Canal Circle, Bahawalnagar, whereby he rejected the appeal of the petitioners. 2. Brief facts of the cases are that Sub-Engineer Nathal Mines Chak No,82/F Tehsil Hasilpur District Bahawaingar that the land users had committed breach of Moga and consumed water in excess of their entitlement. The Ziladar visited the spot and verified the occurrence. The Sub-Divisional Canal 'Officer recommended the case for imposition of special charge on the land users. The petitioners did not attend the Court of Divisional Canal Officer, Sadiqia Division Bahawalnagar. After considering the facts of the case, the Divisional Canal Officer decided to impose special charges equal to ten times of the occupier rate vide impugned order, which order has been challenged before Superintending Canal Officer, Bahawalnagar Canal Circle, Bahawalnagar who vide his order, dated 19-7-2005 rejected the same. Hence this revision petition. 3. Counsel for the petitioners argued that the Divisional Canal Officer's order is absolutely illegal unwarranted and against the facts. The petitioners are innocent and had been maliciously charged without any legal justification. He further stated that no inquiry was conducted and the petitioners were afforded an opportunity to defend the allegation and therefore, the petitioners have been condemned unheard. He prayed to accept the revision petitions and set aside the orders. 4. I have given careful consideration to the arguments advanced by counsel for the petitioners, perused the record available on the file. I accept the above titled revision petition and set aside the impugned orders. Divisional Canal Officer must give the notices to the petitioners before imposing
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the Tawan. No person should be condemned unheard at the time of passing any order. In view of this the above titled revision petition is partially accepted and special charges reduced to two times instead of ten times.