' This Constitutional petition is directed against the order dated i4-10-1980 whereby the sanction for the supply of irrigation water to the garden made in 1962 was cancelled.
2. The relevant facts briefly stated are that the respondents had sanctioned water supply to the land in dispute containing garden thereon in 1962. By virtue of registered sale-deed dated 29-5- 1976 the property in dispute was alienated in favour of the petitioners and the supply of water continued even thereafter. It appears that the original owner (vendor) moved some application to the respondents for cancellation of water supply to the garden and the respondents who were not aware of the alienation of the disputed property in favour of the petitioners cancelled the sanction of the water supply to the property in dispute.
3. Learned counsel for the petitioners contended that after the alienation of the land in dispute by means of registered sale-deed mutation was also sanctioned in their names but the water supply had clandestinely been cancelled by the respondents.
4. The parawise comments received from the respondents, however, disclose that the extra water supply to the garden was sanctioned in the year 1962 in the name of Sardar Muhammad Suleman.
The petitioners who are vendees of the disputed property did not apply for regularization of the sanctioned supply and on an application moved by the vendor the sanction for supply of water to the garden was cancelled.
5. Learned counsel for the petitioners pointed out that under section 32 (e) of the Canal and Drainage Act, 1873 an agreement for regularization of the supply of water can be executed even at this stage by the petitioners with the department.
6. In view of the fact that the supply of water had continued to the garden since 1962 and the petitioners after having purchased the property in 1976 did not enter into an agreement with the department as contemplated under the provisions of the afore-mentioned Canal and Drainage Act, the petitioners may apply to the respondents even at this stage and the latter shall decide the matter in accordance with law after providing adequate opportunity of hearing to the parties concerned.
7. With this observation this petition stands disposed of. rw.