ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 879 of 2015
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
FOR KATCHA PESHI.
26th. August, 2015.
Mr.
Achar Khan Gabole, Advocate
for petitioner.
Mr.
Muhammad Yakoob Soomro,
Advocate for
Respondents
No.5 to 8.
Mr.Liaquat
Ali Shar, Addl: A.G along
with Ahmed Shar
Shar, Assitant Executive
Engineer, Nara Left Irrigation Sub-Division, Khairpur
Mir’s and Mukhtiar
Ai Shar, Canal Assistant.
Through instant
petition, the petitioner has prayed that the official respondents may be
directed to supply water to the petitioner for irrigation of his lands as per
share list prepared by them in respect of Watercourse 3-R Mithri
Minor, Nara Left Sub-Division, Khairpur Mir’s
available at Page-19 Annexure ‘B-1’.
Notices were issued
pursuant to which comments have been filed on behalf of official respondents
wherein it has been stated that two suits i.e F.C. Suits No. 152/2012 and 124/2014 in respect of same watercourse 3-R have been
filed by the private parties which are pending before 1st. Senior
Civil Judge, Khairpur Mir’s.
Mr. Muhammad Yakoob Soomro, learned Counsel
representing private respondents submits that instant petition is misconceived
and is not maintainable as on the same subject watercourse 3-R two civil suits
are already pending before the learned Ist Senior
Civil Judge, Khairpur Mir’s. It is further submitted that the land of the
petitioner is not situated at watercourse No.3-R Mithri
Minor, Nara Canal.
We have heard the
learned Counsel and perusal the record.
Since claim of the petitioner for supply of water as per share list
available at Page-19 Annexure ‘B-1’ is being disputed by the private
respondents, whereas, official respondents
have not disputed such share list. We would dispose of this petition
with direction to the parties to seek appropriate orders from the competent
court of jurisdiction, where such dispute is already pending. The official respondents in absence of any
restraining order passed by competent court of jurisdiction may consider the
request of the petitioner for supply of water as per approved share list in
respect of Watercourse 3-R Mithri Minor, in
accordance with law. Petition stands disposed of.
JUDGE
JUDGE
A.R.BROHI