FAZAL KARIM, J.-The power to make an order under Section 68-A of the Canal & Drainage Act, 1873, vests in the Divisional Canal Officer. Here, admittedly, the application was made to the Sub- Divisional Canal Officer. He held some inquiry without there being an order of the DCO and after he had submitted his report to the DCO, all that the latter did was to agree with that report. In this way, the petitioner was condemned unheard; he was not afforded any hearing at any stage of the proceedings. The order in question must, therefore, be held to have been made without lawful authority and to be of no legal effect. I order accordingly.
2. The parties and their counsel agree that the parties shall appear before the DCO on 6.2.1992; that Muhammad Yousaf will make a formal application under Section 68-A of the Act to the DCO and that the DCO will then proceed in accordance with law. The DCO will try to decide the matter within a week of the application.