AHMAD AND 32 OTHERS vs ADDITIONAL COMMISSIONER (REVENUE), LAHORE — 1971 PLD 979

Citation: 1971 PLD 979

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: AHMAD AND 32 OTHERS vs ADDITIONAL COMMISSIONER (REVENUE), LAHORE JUDGMENT

Headnotes

Case cited as PLD 1971 Lahore 979

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Muhammad Afzal Khan Title:AHMAD AND 32 OTHERS vs ADDITIONAL COMMISSIONER (REVENUE), LAHORE JUDGMENT Reported As: PLD 1971 Lahore 979 Result: Petition accepted Judgment JUDGMENT ANWARUL HAQ, C. J.--This petition under Article 98 of the Constitution seeks to challenge the correctness and legality of an order made by the Divisional Canal Officer, Sheikhupura, on the 29th of June 1962, under section 33 of the Canal and Drainage Act VIII of 1873 (hereinafter referred to as the Act) read with rule 32 of the Rules framed thereunder, imposing on the petitioners special charges equal to two times the highest crop rate, in addition to the ordinary crop rate on account of illicit irrigation alleged to have been obtained by them by making a cut in the Gajjiana Distributory at RD-50-51,000-R in the Sheikhupura District. This order has been upheld in appeal, with a slight modification by the learned Additional Commissioner, Lahore Division, by his order dated the 10th of October 1962. 2. The relevant facts, as set out in detail in a report drawn up by the Sub-Divisional Officer concerned on the 25th of November 1961, are that a cut was deliberately made in the Gajjiana Distributory on the night between the 18/19th of October 1961 by the petitioners for the purpose of irrigating the excess area sown by them for the Kharif rice crop. The Sub-Divisional Officer personally inspected the spot and found that there was no truth in the…

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