Pakistan Case Law← Search
1984 SCMR 1415

SARDAR MUHAMMAD and others vs THE PROVINCE OF PUNJAB and others

Citation1984 SCMR 1415
CourtSupreme Court of Pakistan
Case No.Civil Petition No,81-R of 1983 Civil Revision No,633 of 1983
Date1983-10-12
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

' M . S . H . QURAISHI, J.-- This petition is directed against the refusal to grant an interim injunction by the Courts below in the petitioner's suit. The petitioners who are recipients of canal water in Chak No,517/G.B, Toba Tek Singh, had by a writ petition agitated against sanction of extra water to the orchards of respondents 3 to 24. The petition was disposed of as the Departmental Officer conceded that the requirement of law had not been observed. A fresh order was accordingly passed by the Canal Officer on 4-1-1981 sanctioning the water-supply to the respondents which, too, was challenged by another writ petition and when the same failed, the petitioners filed an Intra Court Appeal. That, too, was dismissed on 30-9-1981. They then moved this Court through Civil Petition for Special Leave to Appeal No, 1010 of 1981, but the same also was dismissed on 8-12-1981. They started a third round by instituting a declaratory suit to challenge the same order of the Canal Officer, dated 4-1-1981. In the suit they applied for grant of an injunction.

Having failed before the trial Court and the first appellate Court they came in revision before the High Court but the same too was dismissed in limine. The learned Judge of the High Court held that prima facie the petitioners' share of water not having been reduced, the refusal to grant injunction by the two Courts below was not improper or illegal.

2. After hearing learned counsel, we find no case for interference.

' The petition is, therefore, dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search