This is a revision petition against the order dated 4-8-1969 passed by the Commissioner, Khairpur, under section 91(2)(iii) of the Sind Irrigation Act, 1879, whereby he rejected the petitioner's appeal regarding change of outlet of water-course Nos, 101 and 102 of Faiz Ganj Wah.
2. The facts of the case are that the respondent and other khatedars of water-course Nos, 101 and 102 requested Executive Engineer, irrigation for sanctioning separate outlet at RD No,146856. The parties did not agree to the change and the dispute was referred to the Deputy Commissioner, Sukkur, for adjudication under section 91 (2)(iii) of Sind Irrigation Act, 1879. The Deputy Commissioner, Sukkur, inspected the site and heard the parties and .vide his order dated 28-5- 1969 approved the change. The petitioner preferred an appeal to the Commissioner, Khairpur which was dismissed in default vide the impugned order.
3. The impugned order had been passed by the Commissioner under section 91 (2)(iii) of Sind Irrigati on Act, 1879 which reads as follows:-- "If no settlement in respect of the said objections be arrived at between the Canal Officer and the holder or holders of the land and the owner or owners of the watercourse, the Canal Officer shall forthwith refer the matter to the Collector whose decision subject to any orders that may be passed in revision by the Revenue Commissioner, shall be final and conclusive as regards the alignment and construction of the proposed water-course and shall not be called in question in any Civil Court.
In view of the provisions of section 91 (2)(iii) of the Sind Irrigation Act, the order passed by the Commissioner was final and conclusive and could not be called in question in Civil Court. The Counsel for the petitioner had argued that although no revision was provided to the Board of Revenue in the Sind Irrigation. Act, 1879, yet the Board of Revenue was competent to hear the same in view of powers vested in it under section 4 of the West Pakistan Board of Revenue Act, 1957 as held in PLD 1957 W P (Rev.) 1.
4. I have seen PLD 1957 W P (Rev.) 1, but there is no conclusive finding on the subject in the ruling.
The question of the interference of the Board of Revenue with the order passed under the above provisions had, however, remained under consideration of the West Pakistan Board of Revenue as the question had been interpreted in the past in different ways by the members of West Pakistan, Board of Revenue. The issue was considered by the Full Board and they. While referring to the ruling of the Sind Chief Court (S. L. R. 241-19 I C 726 (2) had held, vide their order dated 5-1-1967 in R. 0. R.
No, 451 of 1963-64, that in view of provisions of sections 203 and 211 of the Sind Land Revenue Code, 1879, the Board of Revenue was competent to exercise revisional jurisdiction in respect of change in the source of water supply envisaged by section 91 (2)(iii) of Sind Irrigation Act, 1879.
5. The Supreme Court, vide PLD 1967 SC 314, had laid down that the West Pakistan Board of Revenue Act, 1957, invested the Board with the large powers of superintendence and control over Revenue Officers but that was confined to administration of land, collection of Land Revenue, preparation of land record and other matters relating thereto and that canal administration although it operated on and in connection with land, was, nevertheless, a distinct subject and field of activity from the land administration. The Supreme Court had, therefore, held that the Board of Revenue had no jurisdiction in the matter.
6. The decision dated 5-1-1967 of the Full Board of Revenue in R. 0. R. No, 451 of 1963-64 was based on section 203 of Sind Land Revenue Code under which appeal lay from any decision/order passed by a Revenue Officer not only under the said Code, but also under any other law for the time being in force. Revision to the Board of Revenue accordingly followed under section 211 of the Sind Land Revenue Code. The Sind Land Revenue Code, 1679 has since been replaced by West Pakistan Land Revenue Act, 1967, which came into force with effect from 1-1-1968. According to section 161 of the West Pakistan Land Revenue Act, 1967, the appeals would be competent against the order of Revenue Officers passed under this Act only and not under any other law in force as was provided in section 203 of the defunct Sind Land Revenue Code, 1879.
7. In view of above I hold that the Board of Revenue cannot exercise revisional jurisdiction in the case under the authority vested in it under section 4 of West Pakistan, Board of Revenue Act, 1957 vide PLD 1967 SC 314 and also cannot interfere in the matter under the provisions of the West Pakistan Land Revenue Act, 1967 after repeal of sections 203 and 211 of Sind Land Revenue Code, 1879.
8. In view of these facts, the Board of Revenue has no jurisdiction in the present case and the petition is, therefore, dismissed.
9. Petitioner may be informed accordingly.