Case Details

Citation(s)
1980 SLG 3105 = 1980 SLD 3105 = 1980 SCMR 204

Civil Petition for Special Leave to Appeal No. 42-P of 1978, decided on 15th May, 1979. (On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 22-3-1978, passed in Writ Petition No. 8 of 1975).
Presented By: G. Safdar Shah and Karam Elahee Chauhan, JJ
Muhammad Afzal Bangash, Advocate and M. Qasim Imam, Advocate-on -Record for Petitioner. Nemo for
Respondents.

Haji INAYATULLAH-Petitioner

VERSUS

RATIONING CONTROLLER, PESHAWAR AND 5 OTHERS -Respondents

Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973) Art. 185(3)-Leave to Appeal to Supreme Court-Petitioner collecting certain number of bags of Atta from Rationing Controller for distribution to members of his association-Petitioner, as such, Held, possessed no personal right in matter and his licence could in circumstances be cancelled without serving a show-cause notice on him. Date of hearing : 15th May, 1979.                                                                                                                     ORDER G. SAFDAR SHAH, J.-The background of this case is that the Nanbais of Peshawar, as a measure of convenience, formed themselves into an Association and appointed one Haji Pir Bakhsh as its President in the year 1970. Now the main function of the Association was that its President Haji Pir Bakhsh used to collect from the Government 645 bags of Atta and distribute the same to the members of the Association. In due course Haji Pir Bakhsh was removed as President of the Association and in his place the petitioner was appointed as President. He; therefore, continued to collect from the Government 645 bags of Atta for distribution amongst his members. Bat in September 1977, the Deputy Commissioner, Peshawar, reduced the said quota by 165 bags and allotted the same to respondents 4 and 5. Faced with this situation the petitioner filed a writ petition in the High Court which was admitted to hearing and in the meanwhile the operation of the order of the Deputy Commissioner was stayed. However, before the petition came tip for final hearing the said order was withdrawn by the Deputy Commissioner with the result that the petition became infructuous and was accordingly dismissed on 16-10-1977. On 21-11-1977, however, the Deputy Commissioner passed a fresh order…
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