1986 PLP 862 (CLC)

Azhar Ali Siddiqui for Petitioner. Abdul Sattar (absent) for Respondents. Date of hearing: 27th March, 1984. NASIR ASLAM ZAHID, J.‑‑In this petition Azam Ali son of late Kabir Ali is petitioner. Respondent No.l is Co‑operative Development Fund and Project, established under section 7 of the West Pakistan Co‑operative Board (Dissolution) Act II of 1966. Respondent No.2 is the Project Director of Co‑operative Development Fund Project and respondent No.3 is one S. Abdul Hameed, Shop No.20 in Saddar Co‑operative Market of the Co‑operative Development Fund and Project was given to the father of the petitioner and an agreement of perpetual lease was also executed in his favour on 21‑7‑1967. Later on the father of the petitioner transferred the said shop to the petitioner. By order dated 28‑11‑1977 of the Project Manager of Co‑operative Development Fund and Project, the petitioner was informed that his allotment in respect of shop No.20 had been cancelled on account of failure of the terms and conditions of the lease agreement between the parties. A representation was made by the petitioner to the Project Director, respondent No.2 herein, and a reply was received from the Project Director dated 18‑5‑1978 that the allotment of the shop was cancelle in according with the provisions of the lease agreement as a matter of the Project and under the order of the competent authority this order of the Project was conveyed to the petitioner under the gnatnres of the Project Manager. A review/revision application was filed before the Administrator of the Project i.e. Secretary Labour an Co‑operation, Government of Sind, and the said revision/review was dismissed by the Administrator by his order, dated 20‑9‑1980 holding that the cancellation order was proper. It also appears that after cancellation of the allotment of the shop in question from the name c the petitioner the shop had been re‑allotted to Abdul Hameed, responder No.3 herein. Being aggrieved, the petitioner has filed this constitution petition. We have heard Mr. Azhar Ali Siddiqui, learned counsel for the petitioner. No one has appeared on behalf of the respondent: Apart from the contention that the order of cancellation passed by the Project Manager of the Co‑operative Development Fund an Project was incompetent as the said Project Manager had no authority under the law to pass such order, learned counsel for the petitions also relied upon a judgment, dated 18‑5‑1981 of a Division Bench this Court in Constitutional Petition No.1550 of 1980 and 623/1980. B the said common judgment the aforesaid petitions were disposed of.

2. The allotment/lease of the shop in question in favour of petitioner was cancelled by order, dated 28‑11‑1977 of the Project Manager of the Co‑operative Development Fund and Project, which order was alleged to have been passed under the orders of the Administrator Under section 4 of the West Pakistan Co‑operative Board (Dissolutior Act, 1966, the Administrator is the competent authority to administer the project which includes the Saddar Co‑operative Market and not Project Manager. The order of cancellation in this case was passed k the Project Manager. No authority had been shown by the officer respondents that the Project Manager was competent under the Act 1966 to pass orders cancelling the allotment/lease of the petitioner respect of the shop in question. Further no specific order had bee shown to have been passed by the Administrator whereby he orders that the allotment/lease of the shop in question be cancelled. In the circumstances, the order of cancellation of lease/allottee~ of shop No.20.in Saddar Co‑operation Market, Karachi, from the man of the petitioner by the Project Manager is declared to have bee passed without lawful authority and to be of no legal effect. subsequent actions/orders pursuant to the cancellation of the allotmen Pass of the shop in respect of petitioner are also declared to ha" been taken/passed without lawful authority and to be of no legal offer It is, however, observed that this judgment does not debar any par from taking any fresh action as may be permissible under the la including the reference of any dispute to arbitration, if provided t any valid agreement.

3. Constitutional Petition No.547 of 1981 stands disposed accordingly with no order as to costs. H.B.T Writ issed.