Law:

Section:

(a) Discretion--- ----Discretionary power, exercise of---Scope---When a Government functionary or statutory body was vested with discretionary powers then same were to be exercised in a structured manner---Discretion was to be exercised in a fair, just and reasonable manner. (b) Natural justice, principles of--- ----Applicability--- Scope--- Principles of natural justice were to be read as part of every statute unless expressly excluded. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- Through the present action at law, the Plaintiff has challenged the decision of Defendant-Defence Housing Authority, cancelling a residential plot No.356, at 37th Street, Phase-VIII, DHA, Karachi-the Suit Plot, which was earlier allotted to Plaintiff's father. Following relief has been claimed:-- (A) DECLARE that the cancellation Order dated 8-6-2000 (Annexure "Z") and subsequent Order dated 8.7.2000 (Annexure Z/2) in respect of Plaintiff's residential plot No. 356, 37th Street, Phase-VIII, Defence Housing Authority, are mala fide, illegal and in complete derogation and violation of the order of the Hon'ble High Court passed in Suit No: 1283/97 on 5-3-99 (Annexure "X") and having no force in law. (B) DECLARE that the Allotment Order dated 25-8-1976 (Annexure "D") issued in favour of the deceased father of the plaintiff in respect of the suit plot and subsequent mutation/transfer letters dated 24.12.89 (Annexure "H") 31.8.96 (Annexure P") issued to the other legal heirs are valid and legal. (C) MANDATORY INJUNCTION be issued against the defendant Authority directing them to effect mutation/transfer the suit plot in the exclusive name of the plaintiff on the basis of the documents submitted by the other Co-sharers relinquishing their shares in the plot in favour of the plaintiff (Annexures "Q" and "R") and issue the same to her. (D) DECLARE that the Publication in Daily "DAWN" dated 6.8.2000 (Annexure Z/3) a notice for ballot for Allotment of residential Plot Phases I to VIII which includes the plot of the plaintiff based on the illegal cancellation order dated 8.6.2000 and subsequent order dated 8.7.2000, in equally illegal and violative of the Court Order dated…

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