Law: Sindh Permanent Residence Certificate Rules, 1971

Section: 6

  Sindh Permanent Residence Certificate Rules, 1971--- ----R. 6---Domicile---Natural justice, principles of---Cancellation of Domicile Certificates/Permanent Residence Certificates without show-cause notice--Validity---Orders passed by District Magistrate, cancelling Permanent Residence Certificates/Domicile Certificates were passed under direction from Home Secretary---District Magistrate did not apply his independent mind before passing cancellation orders; no show-cause notice was issued to petitioners nor they were given opportunity of being heard in accordance with principles of natural justice and fundamental rights---Petitioners were also not heard by the official who had conducted enquiry by the order of Home Secretary---Orders in question, cancelling Domicile Certificates/Permanent Residence Certificates were declared to be illegal, against principles of natural justice and fundamental rights and were thus without lawful authority and of no legal effect. Miss Rizwana Sarwar v. Province of Sindh and others 1990 C L C 1372; Commissioner of Income Tax, East Pakistan v. Fazalur Rehman P L D 1964 S C 410; Mohammad Zargham Eshaq Khan v. University of Engineering and Technology, Lahore P L D 1988 Lah. 191 and Mirza Aslam Baig and another v. Saghir Iqbal P L D 1988 SC (AJK) 24. rel. Noorullah Sarki for Petitioner. AA. Mohammadallay for Respondents. JUDGMENT ALLAHDINO G. MEMON, J.---We propose to decide the above petitions by this common judgment as the identical point of law is involved in all the petitions. The brief facts giving rise to the above petitions are:------- 1. In C.P. No.D-598/1990 (Mrs. Shumsha v. Secretary Home Department and another) according to the petitioner she is permanent resident of Thatta Town. Her father-in-law   Mr. Tuljaram Shardha is practising at Thatta Town, and is permanent resident of Thatta Town since more than 20 years. Petitioner was married with Dileep Kumar son of Dr. Tuljaram about five years back and is residing at Thatta, and her husband and father-in-law being member of the family. That the petitioner applied to the District Magistrate; Thatta, for domicile certificate and P.R.C. on the basis of the documents…