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Writ Petition No. 549/R of 1979, decided on 11th January,1987
‑‑S. 2‑‑Constitution of Pakistan (1973), Art. 199‑‑Allotment of house in dispute cancelled from name of petitioner without notice or affording him opportunity of being heard in matter in violation of principles of natural justice‑‑Order of cancellation declared to have been passed without lawful authority and quashed and case remanded to notified officer to rehear parties and re-decide case in accordance with law.
Khaleeq Ahmad Ansari for Petitioner
Sh. Maqbool Ahmad for Respondent.
Date of hearing: 11th January, 1987
Lt.‑Col. Sarfraz Khan Malik was allotted the disputed house in village Vagal, Tehsil and District Kasur on 2‑11‑1976 being allottee of evacuee agricultural land in that village. The house in question was at the relevant time in possession of the Company Commander of Sutlej Rangers. According to the petitioner he was put in possession thereof on 3‑5‑1977 in pursuance of the above mentioned allotment order. The Sutlej Rangers, however, in August 1977 took forcible possession of the house. Thereafter on the move of respondent No.2 the allotment of the house in question was cancelled on 27‑11‑1978 by respondent No. 1 without notice to the petitioner or affording him opportunity of being heard in the matter.
2. Learned counsel for the petitioner contended that the impugned order is in violation of the cardinal principle of natural justice as the petitioner was condemned unheard.
3. Learned counsel for the respondents, on the other hand, contended that the petitioner being not in possession of the house in dispute at the relevant time, he was not entitled to its allotment under the provisions of the relevant Rehabilitation/ Settlement Scheme. He, however, was unable to controvert the submissions of learned counsel for the petitioner that the petitioner was condemned unheard before the impugned order was passed by respondent No.l.
In this view of the matter the impugned order being contrary to the well established principle of natural justice, is declared to have been passed without lawful authority and thus, quashed. The case is, however, remanded to the Notified Officer to rehear the parties and redecide the case in accordance with law within three months.
4. In the result this petition is allowed with no order as to costs.
M. Y.H./751/1 Petition allowed
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