Law:

Section:

Constitution of Pakistan--- ----Art. 199---General Clauses Act (X of 1897), S. 24-A---Specific Relief Act (I of 1877), S. 39---Constitutional petition---Lease of land---Cancellation---Requirements---Contention of petitioner was that lease was granted in his favour for 30 years but same had been cancelled and land had been resumed by the Government---Validity---Lease for 30 years was granted in favour of petitioner by the Government and he took possession of land in question after making payment of requisite charges by complying all the codal formalities---Neither any show-cause notice was issued or served upon the petitioner nor any opportunity of hearing was provided by the respondent-Government to enable the petitioner to explain his position with regard to the allegations of having violated the terms and conditions of lease---Neither the alleged report was prepared in presence of petitioner nor he had been confronted with such adverse report---Impugned order was false and baseless which was not sustainable in the eyes of law---Leasehold rights of a lessee who had not violated the terms of lease or grant could not be cancelled unless requirements of S. 39 of Specific Relief Act, 1877 were fulfilled or declaration for cancellation of such document of lease was sought from competent court of jurisdiction---Impugned order was illegal which had been issued in violation of principles of natural justice as no opportunity of hearing had been provided to the petitioner before passing the said order---Said order did not contain any valid reason and same was violative of provisions of S.24-A of General Clauses Act, 1897 and was not sustainable which was set aside---Petitioner would be entitled to enjoy the benefit of lease till its expiry, however Revenue Authorities were directed to refund the amount which was paid by the private respondents within a reasonable period or compensate by alternate allotment of land on lease---Constitutional petition was disposed of accordingly. Muhammad Sabir Khan and 13 others v. Rahim Bakhsh and 16 others PLD 2002 SC 303; Messrs Siddiq Textiles Ltd. v. Board of Revenue, Punjab 1989 MLD 3485; Bakhtawar v. Amin 1980 SCMR 89; Syed Iqbal…