ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-2959 of 2015

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For katcha peshi.

2. For hearing of MA No.14253/2015.

08-06-2016

Mr. Liaquat Ali Sangrasi, Advocate for petitioner along with petitioner.

Mr. Allah Bachayo Soomro, Additional A.G. Sindh along with Allah Bux Kalyar, AXEN Chang Sub-Division @ Chamber and Afzal Hussain, Senior Clerk, XEN Office, Hyderabad.

Petitioner has approached this Court for seeking direction against the respondents No.1 to 5 to ensure the supply of due share of irrigation water as per share list of watercourse No. 2-R of Ex-Pir Sakhi-II Minor, Chang Sub Division, Naseer Division without any delay and loss of time as the standing crops of the petitioner are being destroyed. According to share list attached with the petition at pages-29 to 31, the name of petitioner is mentioned showing his ownership of 60 acres land.

The Assistant Executive Engineer, Chang Sub Division has filed the comments. In response to para No.15 of the petition, it is clearly stated in the comments that the petitioner is getting his due share of water and cultivating his land except one S.No.13/1 to 4 area 16-00 acres, which is not in his possession and matter is subjudice in the Court of Additional Deputy Commissioner, Hyderabad since 1996.

The learned counsel for the petitioner submits that the matter which is subjudice before the Additional Deputy Commissioner, Hyderabad has nothing to do with this case and he again submits that water is not being supplied to him according to his due share list.

In order to resolve this controversy whether the petitioner is in possession of 60 acres of land or not, the appropriate procedure would be to appoint Additional Registrar of this Court to visit the land of the petitioner and after proper inspection in presence of the petitioner and representative of the Irrigation Department submit the report whether the petitioner is in possession of 60 acres of land or not. In case, the Additional Registrar of this Court needs help of any Mukhtiarkar or Assistant Commissioner for inspection and for police force for his security he may make necessary arrangements and can call them on the site for his assistance. The petitioner shall deposit fee of Rs.15000/- in advance with the Additional Registrar of this Court. The Additional Registrar will communicate the date and time for inspection to the petitioner’s counsel, the learned Additional A.G. and the officials of Irrigation present in Court. In case, the Additional Registrar submits the report that the petitioner in addition to 44-00 acres of land also in possession of 16-00 acres of land making a total 60-00 acres of the land then the officers present in Court undertake that they will provide the water according to the share list of petitioner which is attached at pages-29 to 31. The Additional Registrar may file the report in the office which will be placed in Chamber for perusal.

The petition is disposed of in the above terms with pending application.

JUDGE

JUDGE

*Abdullah Channa/PS*