| Citation(s) |
|---|
| 1975 SLG 3002 = 1975 SLD 3002 = 1975 PLD 25 |
Court of Special Judge, Karachi
Constitutional Petition No. 1056 of 1973, decided on 4th April 1974.
Presented By: Muhammad Haleem and Ghulam Rasool K. Shaikh, JJ
S. Nasiruddin for Petitioner. Usman Ghani, Asstt. A.-G. for
Respondent.
Constitutional Petition No. 1056 of 1973, decided on 4th April 1974.
Presented By: Muhammad Haleem and Ghulam Rasool K. Shaikh, JJ
S. Nasiruddin for Petitioner. Usman Ghani, Asstt. A.-G. for
Respondent.
RAEES AHMED-Petitioner
VERSUS
THE RATIONING CONTROLLER, KARACHI AND ANOTHER- Respondents
Law:
Section:
West Pakistan Wheat, Wheat Atta, Maize, Rica and Sugar Distribution Order. 1967 Paras. 4 8t 6-Natural justice-Licence cancelled and security deposit forfeited without giving notice to licensee-Action, held, violative of principle of natural justice and without jurisdiction-Verbal communi cation not enough-Notice in writing allowing opportunity to refute allegations essential-Licence period having expired, no direction could be issued to licensing authority for renewal of licence-Forfeiture of security and sealing of shop, being not legal, orders passed in that regard set aside as without legal effect-Action could, however, be retaken after issuing notice and affording licensee opportunity to explain. Date of hearing : 4th April 1974. JUDGMENT GHULAM RASOOL K. SHAIKH, J.-The petition has been filed to challenge the order dated 11th October 1973, whereby the licence of the petitioner was cancelled and the shop sealed and the security deposit of Rs. 250 was forfeited by the authorities of the Food Department of the Government of Sind. The petitioner was granted a licence authorising him to be retail distributor called as Ration Shop Keeper on 1-1-66 for one year up to 31-12-66. The security deposit of Rs. 250 was paid by the petitioner. The licence was liable to be cancelled in case of breach of the terms and conditions of the licence. The security deposit was also liable to be forfeited. The licence was renewable from year to year at the discretion of licensing authorities. The licence was renewed from time to time and on the last occasion it was renewed up to 31-12-73, On 6-10-73 the Inspectors of the Food Department visited the ration shop of the petitioner and inspected the record. It appears that…