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Constitutional Petition No. D-1395 of 1979, decided on 30th October, 1986.

---Art.199--Natural justice, principles of--Cancellation of plot--Order cancelling plot in name of petitioner passed by respondent authority without issuing a prior show-cause notice and without affording an opportunity to meet charges against petitioner--Order, held, violative of principles of natural justice and declared to have been passed without lawful authority and of no legal effect.

Faiz Muhammad Soomro for Petitioner.

Muhammad Ibrahim Memon, Addl. A.-G. for Respondent No.1.

Respondent No.2 (absent).

A. Sattar for Respondent No.3.

Date of hearing: 30th October, 1986.

--This petition has been filed by Qaiser Khan and it challenges the order dated 8-11-1977 of the Administrator of respondent No.3 society, whereby, apart from other plots, allotment of Plot No. 80-G measuring 72 square yards in Block 6, PECHS, Karachi, in favour of petitioner, was cancelled. The grievance of the petitioner is that, prior to cancellation of his plot, the petitioner was neither given any show-cause notice nor an opportunity to defend the charges mentioned in the order dated 8-11-1977, on the basis of which allotment of his plot was cancelled. We have heard Mr. Faiz Muhammad Soomro, learned counsel for the petitioner, Mr. Muhammad Ibrahim Memon, learned Addl. Advocate General for Government of Sind and Mr. A. Sattar, learned .counsel for respondent society.

2. No counter-affidavit has been. filed by the respondent No. 3, but comments were filed prior to the admission of the petition and the comments do not indicate that any prior show-cause notice had been given to the petitioner before allotment of his plot was cancelled and this is also reflected in the order dated 9-1-1980 admitting this petition to regular hearing.

Mr. A. Sattar, learned counsel for respondent No.3, reiterates the charges, for which the allotment of the plot in favour of the petitioner has been cancelled. It is further submitted by the learned counsel that the plots no longer exist in as much as the area, where these plots were carved, is now a "nala" and the plot does not exist.

In so far as the charges are concerned, on the basis of which the allotment of the plot of the petitioner was cancelled, the position, which has come on record of this petition, is that prior notice was not given to the petitioner. The order dated 8-11-1977 shows that the plot had been allotted to the petitioner and if that were so, prior to cancellation of the plot for any reason, a notice should have been given to the petitioner giving him an opportunity to give his reply and meet the charges made against him. In so far as the other submission of the learned counsel for the respondent society, that the plot does not exist, in our view, in this petition, there is no occasion for making any observation in that context.

On account of violation of principle of natural justice, the order dated 8-11-1977, in so far as the plot of the petitioner Qaiser Khan is concerned, the same is declared to have been passed without lawful authority and to be of no legal effect. The respondent society is, however, free to take fresh action after complying with the principles of natural justice.

3. Constitutional Petition No. D-1395 of 1979 is disposed of.

M.Y.H./Q-4/K Petition allowed.

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