Law: Punjab Land Revenue Act, 1967

Section: 164

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Punjab Land Revenue Act (XVII of 1967)--- ----S. 164, proviso---Allotment of land in favour of petitioner was cancelled by appellate authority in revenue hierarchy---Plea raised by petitioner was that he was not afforded opportunity of hearing---Maxim: audi alteram partem---Applicability---Validity---Petitioner was not afforded opportunity of hearing despite the fact that record was made available to Board of Revenue and it could have kept in mind that someone may be affected by such order--- Courts below had dilated upon specific findings on issue which was clear violation of doctrine of Maxim: audi alteram partem--- High Court set aside order passed by Board of Revenue as petitioner was condemned unheard and same was declared void ab initio having no value in eyes of law---Judgments and decrees passed by courts below were set aside and case was remanded to Board of Revenue for decision afresh after affording proper opportunity of hearing to all concerned including the petitioner---Revision was allowed accordingly. Messrs Blue Star Spinning Mills Ltd. v. Collector of Sales Tax and others 2013 SCMR 587; Ali Muhammad v. Allah Ditta and others 1985 CLC 2817; Moulana Atta ur Rehman v. Al Hajj Sardar Umar Farooq and others PLD 2008 SC 663 and Chief Commissioner, Karachi and another v. Mrs. Dina Sohrab Katrak PLD 1959 SC (Pak.) 45 ref. (b) Constitution of Pakistan--- ----Art. 10-A---Due process of law and right of fair trial---Maxim: audi alteram partem---Connotation and applicability---Scope---Natural justice, principles of---Scope---Every person to get a chance of being heard---Maxim: Audi alteram partem means 'hear the other side' or 'no man should be condemned unheard' or 'both sides must be heard before passing any order'---Maxim itself says 'no person should be condemned unheard'---No case or can be decided without listening to point of another party---Natural justice means that justice should be given to both parties in a just, fair and reasonable manner---Both parties are equal before the Court and have an equal opportunity to represent them--- Natural justice is concept of common law which implies fairness, reasonableness, equality and…

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