Citation Name: 2024 PLD 33 PESHAWAR-HIGH-COURTBookmark this Case HAZRAT USMAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Irrigation Peshawar S — 2024 PLD 33 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLD 33 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLD
Parties: Citation Name: 2024 PLD 33 PESHAWAR-HIGH-COURTBookmark this Case HAZRAT USMAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Irrigation Peshawar S
Subject matter: Constitutional
Provisions referred to: S. 68-; S. 64-

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

Citation Name: 2024 PLD 33 PESHAWAR-HIGH-COURTBookmark this Case HAZRAT USMAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Irrigation Peshawar S. 68-a---Constitution of Pakistan, art. 199---Constitutional petition---Maintainability---alternate and efficacious remedy---Water supply---Restoration---Petitioner sought restoration of water channel for uninterrupted water supply to his fields for irrigation---Validity---To deal with matters relating to irrigation, navigation and drainage, Canal and Drainage act, 1873, was promulgated---Provision of S. 68-a of Canal and Drainage act, 1873, specifically related to powers of Divisional Canal Officer and procedure to restore uninterrupted supply of water---Divisional Canal Officer was authorized under S. 64-a of Canal and Drainage act, 1873, on an application, to conduct enquiry, as he deemed necessary, and could order interim restoration of dismantled water-course---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter as relevant law was available to redress grievance of petitioner and the matter fell within the domain of Divisional Canal Officer---Constitutional petition was dismissed, in circumstances.

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