Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan-------Art.199---Constitutional petition---Allotment, cancellation of---Non-issuance of notice---Effect assailed cancellation of provisional allotment letter on the ground of non-issuance of notice for cancellation---Validity---Copy of order for cancellation of plot appended with the comments and copy of the cancellation order provided to the counsel for the petitioner were entirely different---Cancellation letters gave rise to serious doubts on the conduct of the authorities as the orders were apparently furnished to the Court to cover the illegality of not intimating the petitioner regarding cancellation of her plot---Contention of petitioner that no notice regarding cancellation of subject plot was issued by the authorities stood proved---Constitutional petition was allowed and the cancellation order was declared to be illegal.Ch. Mohammad Nawaz v. The Federal Government Employees Housing Foundation 2018 PLC (C.S.) 325 rel.(b) Maxim------Audi alteram partem---Scope---Principle of audi alteram partem i.e. providing an opportunity to the concerned party calling explanation before proceeding adversely against the person is a well-established norm and established principle of natural justice.JUDGMENTLUBNA SALEEM PERVEZ, JUSTICE.----The petitioner, through instant petition has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, and has sought the following prayer:-It is, therefore, respectfully prayed that the instant writ petition may kindly be accepted, the order dated 17.05.2013 may kindly be set aside having been passed without lawful authority having no legal effect. It is further prayed that till the disposal of the instant writ petition, no action prejudicial to the interest of the petitioner be taken..2. Facts of the case are that the petitioner was a government servant in which capacity she applied for allotment of plot. As she was found entitled, therefore, she was offered Category-III Plot measuring 35x70 ft, bearing No. 28, Street No. 130, G-13/4, Islamabad, in Phase-III. She deposited the due cost of the plot along with 2% service charges in…