Law: Constitution of Pakistan, 1973

Section: 199,9,10-A,23,25,201

(a) Constitution of Pakistan--- ----Arts. 199, 9, 10-A, 23, 25 & 201---Allotment of plot, cancellation of--- Show-cause notice---Requirement---Non-issuance of show-cause notice--- Effect---Order without reasons--- Scope--- Constitutional petition--- Maintainability--- Findings of fact by second appellate authority at variance with first appellate authority---Effect---Allotment of plot was cancelled due to non-fulfilment of conditions by the allottee---Contention of petitioner was that no show-cause notice was issued---Validity---If findings of fact by second appellate authority was at variance with that of first appellate authority then former would prevail---Findings of second appellate authority were immune from interference in constitutional petition if same were substantiated by evidence on record and supported by reasoning---If findings of second appellate authority could not be supported by evidence on record or the Authority had failed to take into account a material evidence on record or if it did not record a basis for differing from the findings of first appellate authority or was otherwise found to be arbitrary, then the same could be set aside in constitutional petition---First appellate authority set aside the order for cancellation of allotment which was made without issuing show-cause notice---Second appellate authority was bound to address all the issues of law and facts and decide the matter by giving reasoning---High Court had issued directions in the earlier round of litigation which were binding on the authorities---Authorities had not only disregarded the said directions but also passed the impugned order without appraising the record/evidence which was in excess of jurisdiction---Petitioner could not be refused relief by throwing him again on the mercy of authorities by remanding the case---Authorities were required to issue notice calling upon the petitioner to show-cause as to why his allotment was not cancelled---Show-cause notice must state the act complained of attracting adverse action to be taken, source of power under which said action was proposed and it must prescribe the date, time and place of hearing and period within…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492