| Citation(s) |
|---|
| 2020 SLG 1830 2020 SLD 1830 2020 MLD 1293 |
Sindh High Court, Hyderabad Bench
Constitutional Petition No. D-17 of 2009, decision & hearing Date : 23-01-2020
AFTAB AHMED GORAR, JUSTICE MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Riazat Ali Sahar for Petitioner. Allah Bachayo Soomro, Additional A.G. for
Respondent No. 1. Kamaluddin for
Respondent No. 2. Arbab Ali Hakro for
Respondent No. 3.
Constitutional Petition No. D-17 of 2009, decision & hearing Date : 23-01-2020
AFTAB AHMED GORAR, JUSTICE MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Riazat Ali Sahar for Petitioner. Allah Bachayo Soomro, Additional A.G. for
Respondent No. 1. Kamaluddin for
Respondent No. 2. Arbab Ali Hakro for
Respondent No. 3.
UZAIR AHMED
VS
THE DISTRICT COORDINATION OFFICER (DCO) DISTRICT JAMSHORO AND 2 OTHERS
Law: Sindh Permanent Residence Certificate Rules, 1971
Section: 6
Sindh Permanent Residence Certificate Rules, 1971--- ----R. 6---Permanent residence certificate---Admission in educational institutions on the basis of such certificate---Cancellation of permanent residence certificate---District Coordination Officer cancelled permanent residence certificate issued in favour of petitioner---Contention of petitioner was that no opportunity of hearing was afforded to him before passing the impugned order---Validity---Permanent residence certificate was not fake and petitioner was residing at the given address of the District since his birth---Authorities had not properly appreciated the documentary evidence available on record was domiciled in the district for more than three years and he had fulfilled the requirements of R.6(ii)(b) of Sindh Permanent Residence Certificate Rules, 1971 had not been afforded an opportunity of hearing while passing the impugned order---Impugned order being contrary to record was not sustainable which was set aside and permanent residence certificate of the petitioner was restored---Constitutional petition was allowed, in circumstances. Mehmood ul Hassan Khan v. Dow University of Health Sciences through Vice Chancellor PLD 2008 Kar. 49 and Haleem ur Rehman v. Province of Sindh and others 2019 SCMR 1653 rel. ORDER MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- Petitioner has called in question the Order dated 12.1.2009 passed by Respondent No. 1, whereby Permanent Resident Certificate (PRC) in Form 'C' in favour of Petitioner issued by the then District Coordination Officer Jamshoro was cancelled. Petition contains the following prayer clause:- "(i) To set aside the impugned order passed by the Respondent No. 1 allowing the appeal of Respondent No. 3. (ii) Any other order / relief as this Honourable Court deems appropriate in the circumstances of the case. (iii) Restrain the Respondent No. 2 from giving effect to impugned order. (iv) Cost of the petition." 2. Relevant facts for deciding the present petition are, that Petitioner claims to be permanent resident of House / Quarter No. CP-34, R.B.B. Colony, district Jamshoro. He completed his education from different Educational Institutions of Jamshoro and…
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