Case Details

Citation(s)
1999 SLG 873 1999 SLD 873 1999 CLC 813
Sindh High Court
Constitutional Petition No. 1665 of 1996, decision dated: 13-01-1999, hearing DATE : 11-09-1998
NAZIM HUSSAIN SIDDIQUI AND GHULAM RABBANI, JJ
Sharif-ud-Din Pirzada for Petitioner. Aamir Raza Naqvi for K.D.A. Rashid-ud-Din Ahmed for
Respondent No. 2. M. Sarwar Khan, A.A.G. Muhammad Ali Saeed and Farogh Naseem for
Respondent No. 4

MUHAMMAD TALIB

VS

Karachi High Court DEVELOPMENT AUTHORITY and 4 others

Law:

Section:

(a) Constitution of Pakistan~(1973)------Art. 199---Constitutional petition---Cancellation of allotment- of plots--­Petitioner was the transferee of plots for valuable consideration---Neither show cause notice was issued to the petitioner nor any inquiry was held before cancellation of allotment---Cancellation was made on the directive of the Prime Minister---Validity---Allotment could not be cancelled as the order of cancellation was illegal, without lawful authority and of no legal effect and was set aside accordingly. AI-Shafeeq Housing Society, Hyderabad v. Pakistan Medical Association, Karachi and 5 others P-LD 1992 SC 113; Muhammad Amin v. The Province of Sindh and 6 others 1992 MLD 671; The Chairman, East Pakistan Board, Chittagang v. Abdul Majid, Ticket Collector, Pakistan Eastern Railway, Laksan PLD 1996 SC 725; Nawab Syed Ronaq Ali v. Chief Settlement Commissioner and others PLD 1973 SC 236; Khawaja Muhammad Akhtar v. President, Cantonment Board, Sialkot Cantt./Election Authority (Tribunal) and another 1981 SCMR 291; Syed Ali Shah v. Abdul Sagheer Khan Sherwani and others PLD 1970 SC 504; Muhammad Baran and others v. Member, Settlement and Rehabilitation Board of Punjab and others PLD 1991 SC 691; Karachi Shipyard and Engineering Works Limited v. Abdul Ghafoor and 2 others 1993 SCMR 511 and Province of the Punjab through Secretary, Health Department v. Dr. S. Muhammad Safar Bukhari PLD 1977 SC 351 ref. (b) Constitution of Pakistan (1973) ----Art. 199---Constitutional petition---Principles of res judicata--­Applicability---Where points agitated were considered and repelled in earlier Constitutional petitions, principles of res judicata and constructive res judicata would apply to subsequent Constitutional petition. Hussain Bux v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1; Syed Nizam Shah v. Babu Abdullah and others 1991 SCMR 1149; Messrs Tank Steel and Rerolling Mills (Pvt.) Ltd., Dera Ismail Khan and others v. Federation of Pakistan and others PLD 1996 SC 77 and Amanulmalook v. Mian Ghafoor-ur-Rehman and others 1977 SCMR 1796 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Principles of…
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