| Citation(s) |
|---|
| 1992 SLG 749 1992 SLD 749 1992 CLC 895 |
Sindh High Court
Constitutional Writ Petition No. 598 of 1990, decided on 24th January, 1991
SYED HAIDER ALI PIRZADA AND ALLAHDINO MEMON, JJ
Pir Bux Khamisani for Petitioner. AA. Mahmmadally A. A.G. for
Respondents
Constitutional Writ Petition No. 598 of 1990, decided on 24th January, 1991
SYED HAIDER ALI PIRZADA AND ALLAHDINO MEMON, JJ
Pir Bux Khamisani for Petitioner. AA. Mahmmadally A. A.G. for
Respondents
Mrs. SHUSHMA
VS
DISTRICT MAGISTRATE, THATTA and others
Law:
Section:
(a) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction, exercise of---Domicile Certificate and Permanent Residence Certificate duly granted to petitioners, subsequently were cancelled by Authorities concerned without applying independent mind to facts of case, without issuing show-cause notice to petitioners and without giving them opportunity of being heard in accordance with principles of natural justice and fundamental rights----Orders of Authorities cancelling Domicile Certificates and Permanent Residence Certificates, were set aside by High Court declaring those orders illegal, without jurisdiction and against principles of natural justice and fundamental rights. (b) Natural Justice Principles of-- ---- Violation o&--Domicile Certificates and Permanent. Residence Certificates were cancelled without issuing show cause notice to grantees and without giving them opportunity of being heard---Orders of Authorities,' were declared illegal and against principles of natural justice and fundamental rights. (c) Domicile... ----Domicile Certificate and Permanent Residence Certificate, granted to a person, could not subsequently be cancelled without issuing show-cause notice and without giving that person opportunity of being heard in accordance with principles of natural justice Miss Rizwana Sarwar v. Province of Sindh and others 1990 C L C 1372; Commissioner of Income Tax East Pakistan v. Fazalur Rehman PLD 1964 SC 410; Mohammad Zargham Eshaq Khan v. University of Engineering' and Technology, Lah. PLD 1988 Lah. 191 and Mirza Aslam Baig and another v. Saghir Iqbal PLD 1988 SC AJ&K 24 ref. JUDGMENT ALLAHDINO MEMON, J.---We propose to decide the above petitions by this common judgment as the identical point of law is involved in all the petitions. The brief facts giving rise to the above petitioners are: 1. In C.P. No. D-598/1990 (Mrs. Shushma v. Secretary Home Department and another) according to the petitioner she is permanent resident of Thatta Town. Her father-in-law Dr. Tuljaram Shardha is practising at Thatta Town, and is permanent resident of Thatta Town since more than 20 years. Petitioner was married with Dileep Kumar son of…
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