Law: General Clauses Act, 1897

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Calamity (Prevention and Relief) Act, 1958

Section: 4(1)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.10

General Clauses Act (X of 1897)--- ----S.21---Power to amend, vary or rescind notification---Scope---Petitioner's wife and son died of flood and thunder bolt---Petitioner was paid Rs.300000 for each deceased as compensation in terms of National Calamity (Prevention and Relief) Act, 1958---Provincial Government subsequently issued notice to the petitioner for recovery of Rs.400000 which was recovered from the petitioner---Contention of the authorities was that petitioner was entitled to receive only Rs.100000 for each deceased under the notification dated 11.8.2006 and he was inadvertently paid Rs.300000 for each deceased under the notification dated 18.8.2010---Validity---Once the petitioner had been given relief under Notification, then the same could not be withdrawn by the authorities---Petitioner had not committed any fraud or made any misrepresentation to the authorities regarding the applicability of either of the notifications---Even the grant of compensation did not suffer from any jurisdictional defect, as the competent authority had duly approved the compensation---Authorities were left with no authority to ask or demand for the refund of the amount---Authorities were directed to release back the recovered amount of Rs.400000 to the petitioner---Constitutional petition was allowed accordingly. Pakistan, through the Secretary, Ministry of Finance v. Muhammad Himayat-ullah Farrukhi PLD 1969 SC 407 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- Petitioner through the instant writ petition has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:-- "On acceptance of instant writ petition, the respondents Nos. 7 and 8 be directed to return the amount of Rs.400, 000/- to the petitioner as genuine compensation of two dead persons i.e. wife and son of the petitioner, and notice dated 05.08.2011 be declared as null and void and any other relief which the Honourable Court deems fit and proper in the circumstances of the case." 2. Brief facts of the case, as stated in the instant petition are, that on 09.07.2011 the petitioner's wife namely Jamshed Bibi and son Muhammad…

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