| Citation(s) |
|---|
| 1992 SLG 893 1992 SLD 893 1992 CLC 1444 |
Sindh High Court
Constitutional Petition No. D-653 of 1985, decided on 19th November, 1990
NASIR ADAM ZAHID AND MUHAMMAD ASLAM ARAIN, JJ
Abul lnam for Petitioner. Raja M. Irshad for
Respondent
Constitutional Petition No. D-653 of 1985, decided on 19th November, 1990
NASIR ADAM ZAHID AND MUHAMMAD ASLAM ARAIN, JJ
Abul lnam for Petitioner. Raja M. Irshad for
Respondent
YAOUB EUSUF MAYET
VS
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY;, KARACHI
Law:
Section:
Constitution of Pakistan (1973)--- ----Art. l9)---Cancellation of allotment of plot---Constitutional jurisdiction, exercise of---Principles of natural justice, violation of---Plot in question was duly purchased by petitioner/vendee from original allottee and the transfer was duly approved by Authority---Allotment of plot subsequently was cancelled ,`, by Authority without first issuing show-cause notice to petitioner and without hearing him---If any adverse action was proposed to be taken by Authority against petitioner in respect of plot, a prior show-cause notice giving full facts and grounds on which cancellation was needed, was to be given to petitioner and thereafter full opportunity was to be prodded to petitioner to place his case before the Authority and only after fulfilling such formalities, action should have been taken by Authority against petitioner---Authority having itself conceded that cancellation order was being withdrawn as no such formalities had been fulfilled by Authority, order of canceling plot was set aside. JUDGMENT NASIR ASLAM ZAHID, J.---In this petition, the petitioner has challenged the decision of the respondent authority cancelling the plot in question which had been purchased by the petitioner from the original allottee and which transfer had been approved by the…
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