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Civil Petition for Leave to Appeal No. 1167 of 1981, decided on 27th April, 1982.

(On appeal from the judgment and order of the Lahore High Court, dated 30‑11‑1981, in W. P. 5604/81

‑‑ Art. 199‑Writ‑Petitioner given 67ppoitunity to show cause against proposed action and order passed after receipt of his reply and bearing him personally ‑ Petitioner also heard by appellate and revisional authority ‑ Contention as to petitioner having not been associated with preliminary inquiry being factually wrong, petition for leave to appeal dismissed‑Constitution of Pakistan (1973), Art. 185(3).

Shahid Hussain Kadri, Advocate Supreme Court and Muhammad Aslam Ch. Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of bearing: 27th April, 1982.

‑The petitioners seek Leave to Appeal against the judgment of the Lahore High Court, dated 30‑11‑1981, dismissing their writ petition.

2. Moharram Ali Shah is a Depot‑Holder whose depot was cancelled by the District Food Controller, Sheikhupura, on 15‑12‑1980.

3. The only contention raised by the learned counsel is that he was not associated with the preliminary inquiry as such he had been con demned unheard. It is not disputed that a show‑cause notice was issued to him to which he gave a reply and was heard personally by the District Food Controller, before the order in question was passed. He was also beard by the Appellate Court as well as by the Revisional Authority. The High Court was, therefore, justified in holding that in the circumstances, the petitioner cannot plead that he was not heard. Consequently the petition dismissed as being without merit.

Petition dismissed.

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