Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

C.P.NO.D-426 OF 2008.

Date              Order with signature of Judge

11.03.2010.

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA NO.1863 OF 2008.

Mr. Aijaz Ali Hakro, Advocate for the petitioner.

Mr. Muhammad Azeem Panhwar, Advocate for AAG.

Mr. Abdul Hameed Bajwa, Advocate for respondent No.5.

. . . .

      Admittedly, the impugned order passed by the Director, Left Bank Canals Area, Water Board Badin on 09.10.2008, has been so passed without notice and without hearing the petitioner. It seems from the order itself that the same has been passed because of apprehension of clash between the Khatedars and purportedly in order to avoid such clash the shifting position of watercourse in favour of the petitioner has been cancelled through the impugned order. We would, therefore, set aside the impugned order with directions to Director Left Bank Canals Area, Water Board Badin/competent Officer to decide the matter afresh after notice to the parties and providing them opportunity of hearing. He shall decide the matter strictly in consonance with the relevant provisions of law.

      Such exercise shall be concluded within a month from the date of receipt of copy of this order. Office is directed to send the copy of this order to the concerned officer instantly.

                                                        JUDGE

                                              JUDGE