Law: Constitution of Pakistan, 1962

Section: Art. 2

Constitution of Pakistan (1962), Art. 2-No action detrimental to property can be taken except in accordance with law --Tenancy right, interest in property-Deputy Commissioner usurp ing jurisdiction of Rent Controller and summarily ordering ejectment of tenant from shop premises-Action not in accordance with law. JUDGMENT     A. S. FARLJQUI, J.-This petition under Article 98 of the Consti tution arises under the following circumstances. . The respondent No. 3 Shamsuddin son of Maulvi Noor Muhammad applied to the Minister for Fuel, Power and Natural Resources, Government of Pakistan, while be was camping at Larkana, saying that a shop premises which had been rented out by his father to the present petitioner Dr. Khalilur Rahman Dentist was needed by him (respondent No. 3) for his own personal use but the dentist was not vacating it. He, therefore, prayed for justice to be done. The Minister forwarded this application with the endorsement:-   "Deputy Commissioner, Larkana for consideration please."   When this reached the Deputy Commissioner, he issued notice to Dr. Khalilur Rahman through the S.H.O., Larkana town to appear before him on 28-4-62. When he appeared in obedience to this notice before the Deputy Commissioner, the respondent No. 3 Shamsuddin was also there and he asserted that Dr. Khalilur Rahman was in possession of another shop as well and as such the possession of the shop in question bearing No. 1509 which was also in his occupation should be made over to him because he needed it. This was denied by the petitioner and the Deputy Commissioner directed the Mukhtiarkar, Larkana to make inquiry on the question whether the petitioner had any other shop in his possession. The Mukhtiarkar appears to have made a report against the present petitioner, the correctness of which however was challenged by the petitioner. On 29th August 1962 a letter was sent to the S.H.O., Larkana by the Camp clerk of the Deputy Commissioner asking him to direct Dr. Khalilur Rahman to appear before the Deputy Commissioner on 8th September 1962. There it is stated by the petitioner that the respondent No. 3 was also present and the clerk of the…