FAYAZ ALI MASTOI vs ASSISTANT EXECUTIVE ENGINEER, IRRIGATION, SHAHDADKOT arts — 2022 PLD 131 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 131 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: FAYAZ ALI MASTOI vs ASSISTANT EXECUTIVE ENGINEER, IRRIGATION, SHAHDADKOT arts
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAYAZ ALI MASTOI VS ASSISTANT EXECUTIVE ENGINEER, IRRIGATION, SHAHDADKOT arts. 9 & 199---Right to life---Irrigating agriculture lands---Fundamental right, enforcement of---Petitioner was aggrieved of interference in right of flow of water to his agriculture lands---Validity---If any person was deprived of fundamental right, he could always approach High Court by invoking Constitutional jurisdiction with a rider that such right was not hampered with any law---Right to irrigate agriculture land was also governed and protected under irrigation laws and rules made thereunder---In case of infringement of such laws and rules the same could be examined by High Court---Petitioner had been supplied irrigation water to his land as per record since long, which fact was admitted by authorities---Watercourse in question was flowing from the land of respondents as per record of irrigation department, who had prima facie attempted to stop the same, compelling petitioner to approach High Court for redressal of his grievance---High Court directed the authorities to ensure supply of irrigation water to land of petitioner, as per share list and in accordance with irrigation laws, rules and regulations without any unwanted disturbance from any corner---If respondents had any objection to supply of irrigation water to land of petitioner from watercourse in question, they were to approach concerned authority under irrigation laws for cancellation of sanctioned watercourse of petitioner and authorities were to decide the matter in accordance with law---Constitutional petition was allowed accordingly.

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