Law: General Clauses Act, 1897

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199

[Sindh Excise Manual...........Vol. 1, para. 100(8)---Excise shops---Change in venue---Inter-District change--- Sanction to change in venue can be allowed within same town or village and the provision of Vol. I, Para.100(8) of the 'Sindh Excise Manual does not provide for inter-District transfer/change. (b) General Clauses Act (X of 1897)--S. 21---Locus poenitentiae, principle of ---Applicability---Scope--­ Authority having power to make an order; also has the power to undo it, subject to the exception that where the order has taken legal effect and in pursuance thereof certain rights have been created in favour of any individual such order normally cannot be withdrawn or rescinded to the detriment of the right created by virtue of such order---Such rule is not absolute---Where an order has been passed by a functionary in exercise of purported authority under misconception , of law or for any other extraneous consideration then even if pursuant to such order any decisive step is taken or the order is implemented, no right is created or vests in the beneficiary---On discovery of such illegality the successor functionary can always retrace the steps after due notice, undo the wrong and restore the state and position as it was before passing of such illegal order and not beyond. (c) Sindh Excise Manual--- ----Vol. I, paras. 100, 100(8) & 282-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Licence, cancellation of---Petitioner was running a wine. shop on the basis of a licence for a specific area issued by the Authorities---Petitioner applied for change of venue of the shop from one district to the other district---Permission was accorded to the petitioner on his deposit of a sum of Rs.50,000---Successor-in-office in the department found the permission against para.100 of Vol.I of Sindh Excise Manual and licence was cancelled---Contention of the petitioner was that firstly the successor-in-office could not rescind the permission and secondly the licence could not be cancelled ---Validity--­Succeqsor-in-office while undoing a wrong had exceeded the authority and instead of rescinding the wrong step alone, proceeded to cancel the licence…

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