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