Law:

Section:

(a) Natural justice, principles of--- ----Cancellation of plot without notice to petitioner and without giving him opportunity of being heard---Cancellation order offended against principles of natural justice.--[Maxim: Audi alteram partem]. (b) Cooperative Societies Act (VII of 1925)--- ----S. 9---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Cancellation of plot by Cooperative Housing Society which had been registered under S. 9 Cooperative Societies Act, 1925---Validity--­Petitioner had questioned the very jurisdiction of Society to cancel the plot and that too in violation of principles of natural justice and the order in question, having emanated from the Managing Committee which as per bye-laws of the Society could not function and pass the impugned order---In case of transgression of powers, abuse of powers or colourable exercise of powers by the functionaries of the State, statutory bodies and corporations which were required to act strictly within the defined spheres of their authority under the law; were open to correction in Constitutional jurisdiction of superior judiciary, namely, judicial review---Orders which were wholly without jurisdiction and could not find support from the statute under which they were passed could, thus, be challenged by recourse to Constitutional jurisdiction without availing of or exhausting departmental or alternate remedies---Cancellation of plot by Society was thus, illegal, ultra vires, without lawful authority and of no legal effect. \ Haji Noor Muhammad and others v. Karachi Development Authority and 2 others PLD 1975 Kar. 373; Qaiser Khan v. Government of Sindh 1987 MLD 743; Deputy Managing Director, National Bank of Pakistan v. Ataul Haq PLD 1965 SC 201; Mrs. M.N. Arshad and others v. Miss Naeema Khan and others PLD 1990 SC 612; Messrs Steel Brothers & Company Ltd. v. Central Board of Revenue, Islamabad and others 1968 SCMR 374; Abdul Rehman Mayat and another v. Wealth Tax Officer and others 1988 SCMR 1722; Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others PLD 1972 SC 279; Pakistan Engineering Council and 2…

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