Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Revision Side No. 32 of 1955‑56, decided on 25th January 1957. District Bahawalpur.
S. 33 ---Damage to outlet ‑Tawan‑No proof that damage was caused by some person and that irrigators obtained undue advantage from illicit irrigation‑Tawan remitted.
In this case, I have to interfere because the Irrigation Branch have not shown why a Tawan should be levied even where the' information about the damage to the outlet was reported to the Irrigation authorities by some of the irrigators. The Sub‑Divisional Officer reported to the Divisional Canal Officer that the irrigators played a trick by obtaining an undue advantage from illicit irrigation and then reporting the fact to the Overseer them selves. This is a thesis which cannot be easily accepted unless some tangible factors were available in support thereof.
There is no doubt that the appeal before the Commissioner had been lodged by Jamal Din on behalf of all the irrigators and that he failed to appear before the appellate Court on two occa sions. He is not present even to‑day though he was the person who signed the petition for revision. Ali Muhammad, who is present, says that the irrigators are all Muhajir allottees of small individual allotments and that Jamal Din has actually gone away after giving up his allotment.
In the above circumstances, I consider that the only fair method of dealing with this case is that the Tawan on the irrigators should be remitted. I direct accordingly.
K. M. A. Petition accepted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer