ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-393 of 2014.

DATE                                     ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi

2. For hearing of MA.2347/2014

01.04.2015.

                        Syed Shahzad Ali Shah Advocate for petitioner.

                        Mr. Aijaz Ali Hakro, Advocate for respondent No.8

                        Mr. Allah Bachayo Soomro A.A.G along with Jan Muhammad

                        Mirjat on behalf of SDO Irrigation Tando Allahyar, Wazir Ali

                        Canal Assistant Nasir Division and S.H.O. of P.S. B-Section

                        Tando Allahyar ASI Wahid Bukhsh

                        ===

                        Petitioner has prayed against respondents No.4 & 5 to ensure that they supply water to his land for cultivation in accordance with share list. The share list has already been submitted by the counsel for the petitioner through separate statement. In the share list name of petitioner is mentioned. Learned counsel for petitioner further argued that respondent No.8 has restrained the petitioner from utilizing the water in accordance with share and some restraining order may be passed against him.

                        Learned counsel for respondent No.8 conversely argued that respondent No.8 is utilizing water from separate water course and he has never caused any hindrance or interference to the petitioner against the utiliziation of his share of water. Today Wazir Ali Canal Assistant is present. Learned A.A.G has also filed the comments of respondents in which they also stated that no interference has been caused to the petitioner against utilization of his water according to share list. So far as the allegation against respondent No.8 is concerned, respondents No.3 & 4 are

directed to ensure that water shall be distributed and supplied in accordance with share list and they will also ensure that petitioner and respondent No.8 shall not cause any interference to each other for utilization of water in accordance with their share list. In case of any illegality or undue interference on the part of any person, strict legal action against the responsible shall be taken by the respondents No.3 and 4 in accordance with law.

                        Petition is disposed of accordingly.

                                                                                                JUDGE

                                                                        JUDGE          

ars.