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Revision No. 1123 of 1962‑63, decided on 25th October 1963, District Peshawar.
Punjab Minor Canals Act (III of 1905), S. 43 (2) (b)‑Order under section‑Final order‑No revision lies.
Dost Muhammad Kamal for Applicant.
Munir Khan for Respondents.
In my opinion this revision petition is not tenable under the law. The petitioner had made an application to be supplied with water from a water course which is not a canal notified under the Minor Canals Act, but perhaps it takes off from a canal so notified. He does not have a share in this particular water course but stated that as he was unable to irrigate his land from his existing water course without considerable inconvenience and trouble his lands may be transferred to this water course, i.e. the one in question. The Collector declined to accept his request and the learned Addi tional Commissioner maintained this order. It appears to me that the dispute, relates to a water course and has the nature of a warabandi. The decision of the learned Additional Commis sioner, is therefore, final under the provision of section 43 (2) (b)I of the Minor Canals Act. The revision thus is not competent and stands rejected.
K. M. A.
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