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1986 MLD 1178

JALAL DIN vs JAN MUHAMMAD and others

Citation1986 MLD 1178
CourtLahore High Court
Case No.Civil Revision No, 1464 of 1985
Date1986-05-24
Judge(s)Abaid Ullah Khan
ResultRevision accepted

' Jalal Din, petitioner , brought suit to challenge the validity of the order passed by the Sub- Divisional Canal Officer, Sheikhupura, on the 11th November, 1984, which was confirmed, by the Divisional Canal Officer, Sheikhupura, on the 28th January, 1985, amending the Warabandi which regulated irrigation of his land situate in the area of village Wurn Dera Marka, Tehsil and District Sheikhupura, from outlet No, 26980-R. His application for grant of temporary injunction restraining the re,spondents from implementing new Warabandi was rejected by the learned Senior Civil Judge, Sheikhupura. His appeal against the order of the learned trial Court was dismissed by the learned Additional District Judge, Sheikhupura. Feeling aggrieved he has invoked the revisional jurisdiction of this Court.

2. With the assistance of the learned counsel for the petitioner an respondent No,1, I have gone through the previous and the current Warabandis. The contention of the learned counsel for the petitione that it was only the petitioner who had been singled out in matter o reduction of irrigation time and at his expense undue benefit had been given to respondent No,1 whose irrigation time has been increased without reason is not without force. Again the amendment in th Warabandi directing the petitioner as also two others to take thei turns of water alternately besides being somewhat irrational is apt t. Be prove a source of trouble for all the concerned parties. No reason for the amendment, which works to the prejudice of the petitioner,' ha been given by the canal authorities. In such circumstances th petitioner's case warranted issuance of temporary injunction.

The petitio is accepted, the impugned orders of the learned Courts below are se aside and it is directed that the respondents will not implement th amended Warabandi till the decision of the suit.

3. The learned counsel for the contesting parties request for issuance of instructions to the learned trial Court for expeditious disposal of the suit. The learned Senior Civil Judge, Sheikhupura, seized with the trial of the suit, is directed to give the suit priority over other cases, decide it within six months and report compliance to this Court.

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