| Citation(s) |
|---|
| 1996 SLG 1308 1996 SLD 1308 1996 CLC 1884 |
Sindh High Court
Civil Petition No. D-47 of 1995, decision dated: 28-03-1996
RANA BHAGWAN DAS AND SHAH NAWAZ A. AWAN, JJ
Rasool Bux Palijo for Petitioner. Abdul Sattar Kazi, Addl. A.G. for
Respondents Nos. 1 and 2. Jhamat Jethanand .for
Respondents Nos.3 to 7
Civil Petition No. D-47 of 1995, decision dated: 28-03-1996
RANA BHAGWAN DAS AND SHAH NAWAZ A. AWAN, JJ
Rasool Bux Palijo for Petitioner. Abdul Sattar Kazi, Addl. A.G. for
Respondents Nos. 1 and 2. Jhamat Jethanand .for
Respondents Nos.3 to 7
POORAN MAL
VS
COMMISSIONER, HYDERABAD DIVISION and 6 others
Law:
Section:
(a) Sindh Permanent Residence Certificate Rules, 1971-------R. 8 (1)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Natural justice, principles of---Appeal against issuance of Permanent Residence Certificate---Petitioner who was duly served with notice of appeal, had appeared before Authority in response to such notice and was provided opportunity of hearing---Petitioner in fact was heard in person and there was nothing on record to indicate that he himself or his counsel had desired adjournment of hearing even after lapse of seven hearings---Petitioner, thus, could not be deemed to have been condemned unheard---Petitioner having been heard at great length by High Court through his counsel on facts as well as law could not allege that order in question was liable to be set aside or that matter be remanded to authority for re-hearing and passing fresh order in absence of any inherent defect or infirmity in impugned order---Authority while canceling petitioner's certificate of Permanent Residence had taken into consideration all facts and circumstances of petitioner's case and had examined the record available before it, and therefore, such Authority could not be deemed to have acted without lawful authority or exceeded sphere of its authority---Permanent Residence Certificate issued in favour of petitioner was, thus, rightly and justly cancelled---No exception could be taken to impugned order which was unexceptionable. Pakistan Telecommunication Corporation v. Abdul Sattar 1995 MLD 1563 and Pir Sabir Shah v. Shad Muhammad Khan PLD 1995 SC 66 ref. (b) Sindh Permanent Residence Certificate Rules; 1971--- ----R. 8(1)---Issuance of Permanent Residence Certificate ---Essentials--Applicant must be permanent resident of area for which he claimed Permanent Residence Certificate; Domicile of applicant's father, permanent place of abode, primary and secondary education at the place, exercise of right of franchise in election are relevant considerations for determining permanent residence; temporary absence from permanent place of residence would not debar applicant to obtain Permanent Residence Certificate; and there ought to be concrete evidence…
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