' This Constitutional petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking the direction to the S.H.O. Police Station, Saddar Jhang for registration of the case against the accused persons mentioned in Para.5 of the writ petition for the allegations of having demolished the watercourse constructed by the Mill Management to irrigate the land taken on lease by the petitioner.
2. The necessary facts giving rise to this petition are; that the petitioner is an industrial concern which produces a sugar and got the land on lease measuring 777 Kanals and 4 Marlas to feed the Mills with raw-material i,e, sugarcane. There was no watercourse in existence at the time of the lease agreement executed on 5-12-1991. The Mills' Administration constructed the watercourse for the purpose of irrigation of land taken on lease. The watercourse was allegedly demolished by the abovementioned persons whose names have been given in Para.5 of the petition. Since the assailants had committed the crime of a serious nature, the commission of crime of cognizable nature was reported in writing to the S.H.O. Police Station Saddar Jhang-respondent No,2 herein but the said respondent did not adhere to the problem of the petitioner for the reasons best known to him. The matter, thereafter, was reported to the Senior Superintendent of Police-respondent No,1, that too in writing. The respondents failed to discharge their obligatory duties and did not register the case as envisaged under section 154, Cr.P.C. Hence this petition.
3. The report and parawise comments were called for from the respondents and the same were submitted stating therein that the ditches were created by the Mills Management itself and this place is being used for the disposal of the waste water of the Mills containing poisonous substances. The management constructed a watercourse on Highway land along Jhang and Toba Tek Singh Road. This water is also injurious not only for human being but also for animals. The inhabitants of the Chak Nos.505/506-JB made a complaint to the local administration. The matter was got inquired by the District Magistrate. It has also been stated that no such incident of demolishing the watercourse was ever reported to respondent No,1.
4. The learned counsel appeared on behalf of one of the alleged assailants with a prayer for impleading him as a party to the proceedings of this petition which was allowed and he has also been heard. It has very vehemently been stated by the learned counsel for the newly-added respondent that the watercourse was dismantled by the Mills administration itself and The alleged accused persons have not demolished the disputed watercourse. Further asserted that the alleged accused persons are the signatories of the complaint made by more than 160 persons of the inhabitants of the locality situated within the area of two kilometres.
5. To resolve the controversy with the concurrence of the parties a local Commission was appointed for spot inspection and report. The Commission has submitted his report alongwith some documents and the photographs of the spot, which have been marked as "C" and "C-1 to C- 37". According to the report a part of the watercourse, which was constructed by the petitioner on the road, was demolished by the petitioner's administration itself on the asking of the local administration and the other part of it which was leading to the land obtained by the Mills on lease and passing through the lands of some other peoples, along the Jhang-Gojra Road was demolished by the accused persons, having no concern with it. The commission reported that the peoples in whose land the watercourse was situated were ready to use the water for irrigation purpose, even on payment, being useful for their crops; that there was no Abadi nearby and the house of the contesting respondent is situated at a distance of about 2 kilometres therefrom. It has however, been suggested by the Commission that it will be better if the watercourse is covered or passes through pipes.
6. From the perusal of the report, it is evident that the watercourse in question has been dismantled by the accused persons, having no concern whatsoever, causing damage to the land, which was being irrigated through the said watercourse and in this way have taken the law into their hands.
7. The petitioner shall approach the S.H.O. Concerned alongwith his complaint and order of this Court, who shall register the case and shall proceed further strictly in accordance with law.
8. The Senior Superintendent of Police, Jhang shall provide all necessary legal protection to the lawful acts of the petitioner at the spot to avoid any law and order situation there in future.
9. With this observation, this petition is disposed of.