Order Sheet

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 524 of 2019

Before:

Mr. Justice Muhammad Junaid Ghaffar

Mr. Justice Zulfiqar Ali Sangi

Date of hearing: 09-09-2021

Date of Order: 09-09-2021

Petitioner No.1 Sahib Khan present in person.

Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh.

O R D E R

Muhammad Junaid Ghaffar, J. – This petition has been filed seeking the following prayer:

“(a) To direct the Respondents Irrigation department to release proper due water (as per share list) towards the lands of the Petitioners through Water Curse No.73-R of Ali Bahar Wah, in order to enable them to irrigate their lands properly.

(b). To grant any other relief, which this Honourable Court deems fit and proper in circumstances of the case.

(c) To award the costs of the Petition”.

Petitioner No.1 appears in person and is not in a position to assist the Court in any manner, except that water is not being provided as per their share-list.

Learned AAG has pointed out that on the direction of this Court dated 25.03.2021, an inspection was even carried out and as per report of the Assistant Executive Engineer, petitioners are cultivating their land more than design intensity, whereas, petitioners have time and again filed petitions on the same subject.

We have heard learned AAG and perused the record on behalf of the petitioners. It appears that the petitioners after filing this petition on 28.03.2019 subsequently filed C.P.No.D-918 of 2019 on 15.06.2019 and in that petition besides seeking the same relief, they also sought protection from harassment by the private respondents. The said petition was disposed of on 25.03.2021 with directions to provide necessary protection to the petitioners. Insofar as this petition is concerned, on 25.3.2021 directions for inspection of the site was given and the report of inspection filed by the Assistant Executive Engineer dated 08.04.2021 is relevant and reads as under:

“I, Abdul Ghani s/o Ghulam Rasool Shar Assistant Executive Engineer Mirwah of Irrigation East Division Khairpur respondent No.4 respectfully state as under: -

In compliance order passed by this Honourable High Court on dated 25/03/2021, I accompanied with local person Mr.Talib Hussain Khokhar along with petitioner Sahib Khan & Others visited petitioner land on dated 27/03/2021 & undersigned take Photos at site, the petitioner shown Sahib Khan in picture in red clothes Photo attached herewith.

2/- At site behaviors of Petitioner namely Sahib Khan was not good and he abusing and used un-parliamentary language with us and (Focal Person Mr.Talib Hussain Khokhar).

3/- That the Petitioner Khatedars are irrigating / cultivating their land as per their due Share of water from Water Course No.73-R Ex: Ali Bahar Wah as per law.

That the design intensity of Kharif Crop is 32% and Rabi Crop 48% but Petitioners are cultivating their land more than design intensity.

That the problem of petitioner have been solved.

That petitioner’s petition merit no consideration as is liable to be dismissed in the interest of justice”.

In view of the above, the contention of the petitioners, which has been denied, require a factual probe which this Court cannot enter into the constitutional jurisdiction. Moreover, the report of inspection is also adverse, besides petitioners non co-operation. Accordingly, this petition is disposed of by directing the respondents to ensure that due water as per share-list is provided to the petitioners in accordance with law.

J U D G E

Ahmad