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KABIR ALI versus DEPUTY COMMISSIONER, SANGHAR


Article 199 Principal of Natural Justice Maxim: Applicant canceling the allotment of survey numbers in favor of the applicant without canceling the previous allotment orders in favor of the Audi Ultram Partam Deputy Commissioner, the defendant's QPR and MRV certificate. Not presenting original copies of. The applicant was brought to the police custody for hearing before the applicant's allotment hearing and therefore he was not in a position to present the original documents, suitable for the petitioner to cancel the allotment order And the dispatcher may remand the commissioner on remand. On the merits of the opportunities associated with the parties [Natural Justice, Principles]

1981 C L C 918

[Karachi]

Before Z. C. Valliani, J

KABIR ALI‑---Petitioner

versus

THE DEPUTY COMMISSIONER, SANGHAR AND 4 others‑ Respondents

Constitutional Petition No. S‑3 of 1978, decided on 10th November, 1980.

Constitution of Pakistan (1973)‑-----

‑‑ Art. 199‑--Principle of natural justice‑Maxim: Audi alteram partem Deputy Commissioner, cancelling allotment of survey numbers made in favour of petitioner without cancellation of previous allotment orders in favour of respondents‑Petitioner not producing original copies of Q. P. R. and M. R. V. certificates‑No show‑cause notice for cancellation of allotment of petitioner issued prior to hearing‑Petitioner brought for hearing from Police custody and so not in position to produce original documents‑Case, held, fit to set aside order of cancellation of allotment in favour of petitioner and to remand back to Deputy Commissioner for disposal on merits after affording opportunities to parties. [Natural justice, principles of].

Muhammad Ali Shaikh for Appellant.

Matloob Hussain Siddigui for Respondents.

Date of hearing : 10th November, 1980.

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