ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on Misc. No. 12017/2012

2. For katcha peshi.

06.06.2012

Mr. Muhammad Tariq, advocate for the petitioner.

Mrs. Haleema Khan, Addl: A.G.

Through the instant petition, the petitioner has prayed as follows :-

i. To call all the respondents with direction to appear personally before this Hon’ble Court and enquired from them about the illegal breach of the M.s. Band at R-D 49, and further enquire that under what authority the respondents No. 1 and 2 allowed such breach to respondent No. 3;

ii. That the respondent No. 2 be directed to take legal action against the respondent No. 3 about the illegal breach of M.S. Band at R-D 49, and under what authority the said breach is being used as water course, which is dangerous for the locality and local inhabitants during the flood season;

iii. The respondents be also called upon that under what authority the irrigation water is being taken from Daro Barrage, it is found that there is no such sanction or approval;

iv. That the respondents No. 2 and 3 be directed to remove hidden pipes through which the irrigation water is being stolen by the respondent No. 3, illegally and unlawfully;

v. That the respondents No. 2 and 3 be directed to close breach made by the respondent No. 3 at the K.S. Band at R-D 49, permanently.

Respondent No. 2 in his para-wise comments has stated as follows :-

“It is humbly submitted that Irrigation Department has not sanctioned or approved any water for Katcha or forest land on 2-R Ex Munarki Minor. It is also a fact that respect No. 3 is irrigating his lands through watercourse 2-R Ex Munarki. Several notices were issued to the defaulter Khatedar by the concerned AEN and now the AEN has been directed that if this malpractice is not stopped then FIR be registered against him. If the complainant had approached the office of Executive Engineer, Lower Pinyari Division, Sujawal for preparation of Govt. Share list the same could have been done/prepare for equitable distribution of Irrigation water.

We would, therefore, by consent dispose of this petition, , by directing the respondents to take prompt, appropriate and effective action in the light of the above comments, within a period of fifteen (15) days from today and report compliance to this Court through MIT-I of this court. The petitioner shall also approach the respondent No. 2 to enable him to prepare share list for equitable distribution of the irrigation water.

The petition, alongwith the pending applications, stands disposed of in the foregoing terms.

ACTING CHIEF JUSTICE

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Aqeel A. Abbasy\06.6.2012\zahid