ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No. D- 193 of 2009.

DATE ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection

2. For Katcha Peshi

3. For hearing of M.A 866/09.

01.04.2010.

Mr. Abdul Khaliq Mughal, Advocate along with Petitioner.

Mr. Mukhtar Ahmed Khanzada, along with Muhammad Rafique Qureshi, X.E.N, U.P.P, Ghulam Hyder Buriro, A.X.E.N Katiar, Amir Bux, Canal Assistant, Katiar Sub Division, Syed Irfan Shah, S.P.O Tando Muhammad Khan, SIP Ghulam Muhammad Leghari, S.H.O P.S Bulri Shah Karim.

Respondent No.5 present.

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The grievance of the Petitioner in the instant case appears to be that his land bearing Survey Nos. 143 and 83 are not being provided water from the sanctioned water course 1-L and his water share is being usurped by the Respondent No.5.

Counsel for Respondent No.5 submits that even if today the land of the Petitioner is inspected, it would transpire that on Survey No.83 Fish Pond has been created where at least 3” to 4” water would be found. As to S. No.143 it is stated that Sugar Cane crop is ripe.

In the circumstances, it was denied that Respondent no.5 has either denied the water of the Petitioner being the tail ender by installing lifting machines or by laying pipes. Such position is affirmed by Muhammad Rafique Qureshi, Executive Engineer, U.P.D.

Consequently we dispose of this petition through following consent order:-

The Executive Engineer, U.P.D, would keep a watch and would see that no illegal lifting machines/pumps are installed by any of the khatedars within his jurisdiction nor the water is subverted by adopting any illegal means and in case such illegal lifting machines/pumps or conversion is found, necessary FIR would be lodged without any delay.

The listed application also stands disposed of.

JUDGE