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Constitutional Petition No. D‑434 of 1985, decided on 21st August, 1985.

‑‑‑S.16(2)‑‑Domicile Certificate‑‑‑ Issuance, cancellation of‑‑In terms of consent statement; order of Commissioner regarding cancellation of domicile certificate issued in favour of petitioner was quashed‑‑Case for cancellation of such certificate would be re‑opened by Commissioner who after hearing petitioner would dispose of same according to terms of consent.

Masood Shahreyar for Petitioner.

Abdul Sattar Pingar for Respondent Nos.1 and 4.

Sayeed A. Shaikh, A.‑G. for Respondents Nos.2 and 3.

Nemo for Respondent No.5.

Mr. Masood Shahreyar, does not press the petition against respondent No.5, as such respondent has not passed any orders adverse to the petitioner.

This matter was heard at some length, and, by consent, we admit the main petition and dispose of the same by the following consent orders.

The facts are that the petitioner had obtained a domicile certificate from the District Magistrate of Karachi after a so‑called surrender of an earlier domicile certificate issued in his favour by District Magistrate, Lahore. On the basis of such certificate, he obtained admission in the Dawood College of Engineering and Technology, Karachi, On 2‑2‑1985, respondents No.4 issued a notice to the petitioner to see him alongwith original domicile certificate. On 9‑3‑1985, the same respondent issued a letter to the petitioner, stating that domicile certificates, granted to him by the District Magistrate, Karachi, was genuine, and had been issued after surrender of domicile certificate issued by District Magistrate, Lahore. Nothing was heard then for three months until the 10th June, 1985, when respondent No.4 wrote a letter to the petitioner, stating that the Commissioner of Karachi (respondent No.3) had ordered cancellation of the domicile certificate.

In these circumstances, Mr. Masood Shahreyar contends that the order is in violation of the rules of natural justice, and there has also been non‑compliance of subsection (2) of section 16 of the Pakistan Citizenship Act.

By consent, the petition is disposed of in the following terms:‑-,

(i) The order of cancellation of domicile certificate is quashed.

(ii) The case for cancellation of domicile certificate issued in favour of the petitioner shall be re‑opened by respondent No.4, who, after hearing the petitioner, shall dispose of the same himself.

(iii) That, until the conclusion of this enquiry by respondent No.4, no action adverse to the petitioner shall be taken.

(iv) That the main petition stands disposed of in terms of the consent statement, and there shall be no order as to costs.

We adopt the consent statement, and make it the Rule of the Court.

Petition stands disposed of.

H.B.T. Order accordingly.

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