JAMIL DAD KHAN vs DIVISIONAL CANAL OFFICER, KHANWAH DIVISION — 1971 SCMR 787

Citation: 1971 SCMR 787

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: JAMIL DAD KHAN vs DIVISIONAL CANAL OFFICER, KHANWAH DIVISION JUDGMENT

Headnotes

Case cited as 1971 SCMR 787

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title:JAMIL DAD KHAN vs DIVISIONAL CANAL OFFICER, KHANWAH DIVISION JUDGMENT Reported As: 1971 SCMR 787 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-On a surprise inspection of the Ladhewal minor at 11-30 a. m. On the 30th September 1964, the Divisional Canal Officer, Khanwah Division, detected at the site of the outlet R D-11843-R that a rubber syphon 6" in size and about 15 ft. Long was fixed at the aforesaid minor for pumping unauthorised supply of water from the minor into the water-course of the outlet. It was also found that the rubber syphon belonged to the appellant, Jamil Dad Khan, and that he was to have his turn of wari from the outlet at that hour of the day. The Divisional Canal Officer took hold of the syphon, and also directed his Overseer and the S. D. O., to record the statements of Muhammad Yar and Ismail, who were present at the time of the inspection. A tawan case was framed against the appel--lant, whereupon special charges were levied against him equal to six times the crop rate in respect of cultivated and six times the occupier's rate in respect of uncultivated areas, in addition to the ordinary charges under sections 31 to 33 of the Canal and Drainage Act (hereinafter described as `the Act,) and rules 32 and 33 framed under the Act. The total amount of special charges was worked out at Rs. 3,891.18. The appellant preferred an appeal…

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