IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D-1799 of 2018

 

 

Before:

Mr. Justice Muhammad Junaid Ghaffar

                                      Mr. Justice Zulfiqar Ali Sangi

 

Petitioner:                                          Ghulam Mustafa, through

                                                          Syed Zafar Ali Shah, Advocate

 

Respondents:                                    P.O Sindh & others, through  

Mr. Asfandyar Kharal, Assistant

                                                          Advocate General

Date of hearing:                                 18.01.2022

Date of decision:                                18.01.2022 

 

O R D E R

 

Zulfiqar Ali Sangi, J:        Through this petition, Petitioner seeks supply of water to irrigate his land and prayed as under:-

A)   To direct the respondent No.2 to 11 to take serious efforts for water share to the petitioner for his agricultural land S.No.1036 & others situated at Jarge Ali Murad Tehsil Thari Mir Wah District Khairpur as per share list approved by concern authorized responsible officer of irrigation Department.

B)   To direct the official respondents to make sure to give water to concern Khatidar & petitioner as per share list from W.C 13-R SONE WAH Tehsil Thari Mirwah District Khairpur.

C)   To direct the official respondents to remove all illegal and unauthorized water theft from W.C 13-R “SONE WAH” as petitioner and other khatidar properly received water for their agricultural land as per legal approved legal share.

D)   To direct the respondent No.5 to decide the application dated 24.10.2017 forwarded by the petitioner for share water for his agricultural land otherwise petitioner definitely sustained heavy loss.

E)    To grant any other relief which this honorable court deems fit under the circumstances of the case.

2.           Learned Counsel for the Petitioner contended that as per share list sanctioned by XEN Irrigation East Division Khairpur under his letter No.1471/2011 dated 19.05.2011, the petitioner is entitled to get irrigating water for his land bearing S.No.1036 situated at Deh Jarge Ali Murad Tehsil Thari Mirwah, from W.C No.13-R Ex-Sone Wah. He next contended that the respondents are supplying water to unauthorized persons from there by taking illegal gratification and depriving the petitioner from his right. He further contended that the petitioner made several applications to different authorities but of no avail. Lastly he prayed that the respondents may be directed to supply irrigating water to the petitioner.

3.           Learned AAG appearing for the respondents, referred the statements filed by the respondents and contended that the petitioner’s land is uneven, not fit for cultivation, desert between big dera “D” class land and there is ban on such type of land for supplying water. He submits that instant petition, being misconceived, is liable to be dismissed.

4.           We have heard learned counsel for the petitioner, learned AAG and have carefully examined the material available on record with their able assistance.

5.           From perusal of the available record it reflects that Assistant Executive Engineer Irrigation in his statement dated 26.02.2019 has stated that the petitioner’s land is desert Dara which is unlevelled and not fit for cultivation however, petitioner was advised to level his land for cultivation so that he may be provided water as per law. He also mentioned in his statement that the share list referred by petitioner was though sanctioned by respondent No.5 but same could not be enforced due to objections of all the khatedars and khatedars of water course No.13-T Ex-Sono Wah are irrigating their lands on private wara bandi level. Perusal of record further reveals that respondents No.5 & 6 in their statement dated 08.04.2021 also submitted almost similar position and stated that the land of petitioner is un-cultivatable, desert between big Dera D-class and is settled at command boundary of tail Water Course No.12-L Ex-Sone Wah and as per Sindh Irrigation Department Notification No.2/287-SO (OP) 70-Vol-II Dated 02.01.1999 there is ban on supplying irrigating water to D-class land.

6.           In view of above facts and circumstances of the case as well as the legal position, the petition of the petitioner appears to be meritless; as such the same is dismissed.

7.           These are the reasons of our short orders dated: 18-01-2022.

 

 

                                                               JUDGE

 JUDGE

 

Suleman Khan/PA