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Revision Side No. 201 of 1955‑56, decided on 29th September 1956, District Dera Ghazi Khan.
Ss. 59 and 43 (2) (b) lastly‑Board of Revenue‑Competency to interfere with decision of Commissioners.
S. 43 (2) (a) ‑Clause (a) deals with disputes regarding canals other than watercourses.
Ismat Ullah Khan for Petitioner.
Aftab Husain for Respondents.
The first question which has cropped up is a technical one, viz: whether the Board of Revenue is competent to deal with the present case. A perusal of section 59 of the Minor Canals Act read with the last sentence in clause (b) of subsection (2) of section 43 of the Act tends. to show that the Board of Revenue has no power to interfere with the decision recorded by the Commissioner. The order of the Collector in the present case was in so many words passed under the said clause (b).
The petitioner states that in fact the Collector was passing orders under clause (a). The Commissioner at the time of hearing the present petitioner's appeal does not appear to have examined the question whether the order appealed against had been passed under clause (a) or under clause (b). I cannot, however, help accepting the position that the order was passed under clause (b) and that conse quently I have no power of interfering.
If the petitioner thinks that the order passed by the Collector could not have been passed under the procedure which he was following, it was open to the petitioner to seek his remedy on that point during his appeal before, the Commissioner. There is an added point against the petitioner, viz., the place about which a dispute between the parties has been examined by the Collector is really a watercourse. Clause (b) of the said subsection of the Minor Canals Act relates to disputes concerning watercourses. Clause la) deals with disputes relating to canals which must be understood to mean "canals other than watercourses."
For the above reasons, I dismiss this petition for revision, because such a petition is not competent.
K. M. A. Petition dismissed.
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