2010 GBLR 73

AHALIAN DAYIN Versus MIRZA

Citation2010 GBLR 73

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Muhammad Nawaz Abbasi, C. J. AHALIAN DAYIN through representative and others---

ORDER

1. MUHAMMAD NAWAZ ABBASI, C.J .---The report called vide order dated 7-9-2009 have been submitted by Tehsildar Ishkoman to the following effect:

2. "Para 1

3. The concerned land measuring 7 Kanal 8 marals is irrigated land and cultivated completely through Shullary Nullah. There is no other alternate source to cultivate the said land except Shullary Nullah.

4. Para 2

5. The structure of the said land is slope in nature and at the bottom of the said land a spring exists which has been reserved for drinking water for animals. If the water of the spring would be sufficient it would be quite impossible to cultivate the said land due to slope nature of the land.

6. Para 3

7. To know the distribution of Shullary Nullah water among people of Dain, the undersigned called Lumbardar Dain and took his Statement. According to the statement of the Lumbardar the water of the Shullary Nullah has been distributed among people on the basis of Hashmat (Revenue) and the respondent did not pay Hasmat. However, the said land was given to the respondent by the notables of the Dain and has been living there since 50 years. The respondent cultivated the said land from Shullary Nullah through a channel constructed by Mr. Mir Muhammad, inhabitant of village Dain."

8. Learned Counsel for the petitioners when confronted with the contents of the report, he has not been able to contradict the factual position described therein and submitted that the order of the Chief Court for irrigation of land measuring 7 kanal 8 marlas on the basis of an earlier judgment being in conflict to the law and fact of the case has no legal effect on the rights of parties and submitted that this petition may be disposed of in the light of report of Tehsildar as a permanent settlement. The learned counsel for the respondent has agreed for disposal of the matter accordingly.

9. In view of the position taken by the learned counsel for the parties, we dispose of this petition in terms of the report of Tehsildar Ishkoman with direction that respondents will pay Hashmat (revenue) for the use of water from Shullary Nullah in the same manner as other beneficiaries of Nullah in the village pay. Disposed of accordingly.

10. M.H./46/Glt. ??????????????? ??????????????????????????????????????????????????????????????????????? Order accordingly.