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Petitioner: IRRIGATORS OF MOGA VS Respondent: THE STATE
P L D 1959 W
P L D 1959 W. P. (Rev.) 23
Before H. A. Majid, Member, Board of Revenue, West Pakistan
IRRIGATORS OF MOGA‑Petitioner
Versus
THE STATE‑Respondent
Revision Side No. 142 of 1955‑56, decided on 25th January 1957. District Bahawalpur.
Tawan--‑
Unauthorised irrigation‑‑Irrigators misbehaving for first time=Penalty imposed, reduced to four times crop rates.
Fazal Elahi for Petitioner.
ORDER
The outlet was supposed to run through a diameter of 4". The socket etc., were, however, broken and removed with the result that the flow was through the large pipe of 10" diameter. The result was an increase in the discharge from 56 to 1.7 cusecs. At the spot, 76 acres received irrigation against the authorised figure of 36.
The penalty imposed is Rs. 2,250‑6‑0, being equivalent to six times the crop rates.
The Commissioner dismissed the appeal in toto. I, however find that this is the first time the irrigators of this outlet have misbehaved. I, therefore, consider that the penalty imposed A should have been lower than the maximum. I accordingly accept this petition for revision and direct that the penalty should be reduced to four times the crop rates.
A. M. C. Appeal accepted.