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 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