| Citation(s) |
|---|
| 1991 SLG 1681 1991 SLD 1681 1991 CLC 337 |
Sindh High Court
Constitutional Petition No. D-46 of 1990 decided on 22nd November, 1990
NASIR ASLAM ZAHID AND MUHAMMAD ASLAM ARAIN, JJ
Mirza Adil Beg for Petitioner. Nazar Akbar for
Respondents
Constitutional Petition No. D-46 of 1990 decided on 22nd November, 1990
NASIR ASLAM ZAHID AND MUHAMMAD ASLAM ARAIN, JJ
Mirza Adil Beg for Petitioner. Nazar Akbar for
Respondents
Messrs CAFEDEKHAN
VS
GOVERNMENT OF PAKISTAN through Deputy Controller, Department of TOURist Services Karachi and another
Law:
Section:
Pakistan Hotels and Restaurants Act (LXXXI of 1976)--- ----Ss. 5(1) & 25---Constitution of Pakistan (1973), Art.199---Revision decided without hearing and without passing speaking order---Scope---Interference in Constitutional jurisdiction---Notice to petitioner from Authority for registration and licensing of his restaurant under provision of S. 5(1), Pakistan Hotels and Restaurants Act, 1976---Petitioner's objections against registration and licensing of his Restaurant dismissed as also his appeal---Petitioner's revisional petition was also dismissed by Revisional Authority but he was neither heard nor grounds of, rejection were conveyed to him---Validity of---Where record showed that neither any hearing had been granted nor any order was available on record giving reasons or grounds for which petitioner's revision had been dismissed, such order was set aside by High Court in Constitutional jurisdiction, and case was remanded to Revisional Authority to decide the revision afresh after giving notice to petitioner and granting hearing to him if he so desired. JUDGMENT NASIR ASLAM ZAHID, J.-The petitioner, who is running a restaurant in Karachi has received a notice under section 5 (1) of the Pakistan Hotels and Restaurants Act, 1976, from the Deputy Controller requiring the petitioner to get their restaurant registered and licensed under the provisions of the Act. The petitioner filed objections stating that their restaurant was not covered by the provisions of the Act. However, the objections were rejected by the Deputy Controller. The petitioner filed an appeal under section 25 of the Act before the Controller. The appeal was dismissed by the Controller by order. dated 31-121983 and this was communicated to the petitioner by letter dated 7-2-1984 of the Deputy Controller. The petitioner filed an appeal/revision against the order of the Controller before the Joint Secretary Tourism Division, Government of Pakistan, Islamabad. During the pendency of the appeal/revision before the Joint Secretary, another notice was received from the Deputy Controller. The petitioner approached this Court in previous Constitutional petition No.D-233 of 1984, which petition…
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