MIAN ALLAH NAWAZ, J. This petition has been find under Article 199 of the Constitution of Pakistan (1973) by Muhammad Bashir in order to seek following reliefs:-- "It is most respectfully prayed that the impugned orders dated 24.4.1995 and 21.11.1994 may be set aside and the order dated 23.2.1995 passed by respondent No. 1 may be restored and the respondents No. 1 to 4 may be directed to restore the internal Khal situated in Killa No. 26 of Square No. 51 in order to provide source of. Irrigation to the land of the petitioner.
It is also prayed that respondent No. 3 may be directed to decide the application of the petitioner (Annexure 'M') immediately.
It is further prayed that pending the decision of this writ petition, the operation of the impugned orders dated 21.11.1994 and 24.4.1995 may be suspended and a direction for temporary restoration of the said internal Khal may be issued to respondents No. 1 to 4.
Any other relief to which the petitioner is found entitled, may also be granted."
2. Facts, briefly stated, giving rise to this petition are: that petitioner is owner in possession of agricultural land measuring I0O kanals in Chak No. 36/4-L Tehsil and District Okara. His land used to receive/receives canal water from Outlet No. 1-R/2-L/4-L; this canal-water reached his land through internal Khal running through Square No. 51 Killa Nos. 18.19.20. Lai Din/herein 5th respondent moved an application for cancellation in internal Khail conceding therein that canal water before reaching the land of petitioner passed through his land and was so causing interference with the right of applicant to use his lapd; that he was not prepared to allow this internal Khal. The Executive Engineer, on this application, decided to cancel the internal Khal. This happened on 21.1.1994.
Pursuant to this order, 5th respondent dismantled the internal Khal. On the above happening, the applicant moved an application under section 68-A of the Canal & Drainage Act (VHI of 1873/stating therein that petitioner had been receiving the canal water through the impugned Khal for a period of more than 40 years; that 5th respondent had dismantled the Khal without any reasonable justification. On 1.12.1994, the Executive Engineer allowed the application and restored the Khal. It is necessary to mention over here that earlier the distributor, from which petitioner received the canal water, was within the jurisdiction of Irrigation Division Balloki but at the time of passing of order dated 1.12.1994, the distributor stood allocated to the office of Executive Engineer Okara. Pursuant to this, application was moved to the new Executive Engineer who ordered the Sub-Divisional Canal Officer to restore the internal Khal. The SDCO reported that the dispute between petitioner and 5th respondent stood resolved by Executive Engineer vide order dated 21.11.1994 and so the DCO was pleased to file the application. In this scenario of the factual matrix, this petition was find.
3. This petition was admitted to regular hearing on 28.6.1995 and the DCO/Executive Engineer assured the Court that he will decide the grievance of the