MUHAMMAD HASSAN versus OFFICER ON SPECIAL DUTY

Paragraph 29, Case 2 Opportunity to be heard Natural justice, under the Audi Alarm Partiam Qualification Principle, remove prejudice in exercising its powers on grounds other than those notified in the notice and thereby give the applicants the right to a hearing. Dismissed, violating the rules of natural justice as well as the provisions of the Code, therefore, keeping it [natural justice, principle]

1981 C L C 1015

[Karachi]

Before Zaffar Hussain Mirza and S. A. Nusrat, JJ

MUHAMMAD HASSAN AMD OTHERS‑Petitioners

versus

OFFICER ON SPECIAL DUTY AND ANOTHER‑Respondents

Constitutional Petition No. D‑118 of 1977, decided on 14th April, 1930.

Land Reforms Regulation, 1972 [M. L,. R. 115]‑

‑‑‑ Para. 29, proviso 2‑Opportunity of being heard‑Natural justice, principle of‑Audi alleram partem‑Competent authority setting aside alienations in exercise of suo motu powers on grounds other than those notified in notice and thereby depriving petitioners of a right of hearing‑Impugned order, held, violated rule of natural justice as well as provisions of Regulation, hence, liable to be set aside.‑[Natural justice, principles of].

Mushtaq Memon for Petitioners.

Ibrahim Memon, Add]. A.‑G. for Respondent No. 1.

Date of hearing : 14th April, 1980.

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