Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice--- ----No one could be condemned unheard and no act or action which was detrimental against the right and interest of a person/persons could be passed without giving him prior notice and opportunity of hearing. (b) Administration of justice--- ----Maxim: audi alteram partem---Scope---Even if statutory law did not provide a right and opportunity of hearing before passing any action/order which was detrimental to the rights of a person/persons still it would be deemed that such right was available to the person/persons aggrieved---Such right could not be taken away from him/them on the ground that the authority under the law was not obliged to give him/them prior notice---Principles of natural justice "audi alteram partem" was to be read into every statute regardless of whether or not the same was contemplated in a statute/instrument governing proceedings. 2002 SCMR 1034 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The petitioner through the instant writ petition has sought to invoke the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and prayed that:-- "It is, therefore, most humbly prayed that on acceptance of instant writ petition, the prospecting license/lease cancellation order dated 17.5.2013 and the order dated 27.7.2016 of respondent No.4 may please be set-aside by declaring them illegal and without lawful authority and the prospecting license of the petitioner may please be restored, any other relief which this Honourable Court deems proper according to the circumstances of the case may please also be granted." 2. Brief facts leading to the present petition are that the petitioner is engaged in the business of Mines and Mineral Development Project and is pursing his lawful pursuit in this Province; that the petitioner after discovering phosphate in village Kakul applied for the prospecting license for phosphate over an area of 110.6 acres near village Kakul (Gali Behn) District Abbottabad; that the respondent No.2 reduced the area to 40.942 acres and granted the license vide allotment letter dated 19.7.2010; that after completion of…

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