1983 PLP 2487 (CLC)
HAMIDA BEGUM-Petitioner Versus SETTLEMENT DEPARTMENT AND OTHERS-Respondents
| Citation | 1983 PLP 2487 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Abdul Shakurul Salam and Muhammad Aslam Mian, JJ |
| Parties | HAMIDA BEGUM-Petitioner Versus SETTLEMENT DEPARTMENT AND OTHERS-Respondents |
| Primary Law | -- Maxim : Audi alteram partem (bear the other side) Mukhbari application-Officer canceling allotment, proceeding on basis that these obtained by impersonation, cheating, forgery etc. but without hearing affected persons-Held, such illegal means of obtaining allotment can be found 'justly' only after affording opportunity of hearing to persons likely to be affected., Natural justice, principles of |
Q1: What are the key laws and sections cited in 1983 PLP 2487 (CLC)?
This judgment primarily cites: -- Maxim : Audi alteram partem (bear the other side) Mukhbari application-Officer canceling allotment, proceeding on basis that these obtained by impersonation, cheating, forgery etc. but without hearing affected persons-Held, such illegal means of obtaining allotment can be found 'justly' only after affording opportunity of hearing to persons likely to be affected., Natural justice, principles of as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 2487 (CLC)?
The case was heard and decided by the Lahore bench comprising: Abdul Shakurul Salam and Muhammad Aslam Mian, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 2487 (CLC) (HAMIDA BEGUM-Petitioner Versus SETTLEMENT DEPARTMENT AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Qadir Bakhsh for Petitioner.
- Sh. Riaz Ahmad, A.-G. with Altaf Ahmad Khan, Sardar Nazar Hussain Dogar and Ch. Muhammad Nazir Ahmad for Respondents.
- Dates of hearing : 22nd and 30th November, 1981, 10th Aprill, 6th, 22nd, 27th, 29th, 30th November, 4th to 14th and 18th December, 1982.
Headnotes / Summary
Chief Commissioner, Karachi v. Mrs. Dina Sohrob Katrak P L D 1959 S C (Pak.) 45 ref.
Judgment & Decree
Ch. Qadir Bakhsh for Petitioner. Sh. Riaz Ahmad, A.-G. with Altaf Ahmad Khan, Sardar Nazar Hussain Dogar and Ch. Muhammad Nazir Ahmad for Respondents. Dates of hearing : 22nd and 30th November, 1981, 10th Aprill, 6th, 22nd, 27th, 29th, 30th November, 4th to 14th and 18th December, 1982. ABDUL SHAKURUL SALAM, J.-This order will dispose of W. P. Nos. 1439.R/77 (2) 1440-R/77 and (3) 1518-R/77 which challenge the order of Assistant Commissioner (Sadar)/Additional Settlement Commissioner (Land) Lahore dated 20th October, 1977.
2. The officer on a Mukhbari application dated 7th July, 1977 cancelled the allotment of the petitioners' predecessor-in-interest.
3. Contention of the learned counsel for the petitioners is that the application was incompetent, the officer had no jurisdiction, after the repeal of all Settlement Laws from 1st July, 1974 vide Act XIV of 1975 and that the orders have been passed without notice to the petitioners.
4. The officer proceeded on the basis that the allotment bad been obtained by impersonation, cheating and forgery, etc. Whether that is so or not can only be found `justly' in accordance with law declared by the learned Supreme Court in Chief Commissioner, Karachi v. Mrs. Dino Sohrab Katrak (P L D 1959 S C 45), after affording an opportunity of hearing to the persons likely to be affected by a competent officer. Since that was not done, these petitions are accepted. The impugned order is declared to be without lawful authority and of no legal effect. Cases are remitted to the learned Member, Board of Revenue for entrustment to a notified officer to ascertain facts and pass order/orders in accordance with law. The parties are directed to appear before the learned Member, Board of Revenue on 8th January, 1983 who will direct the petitioners to appear before a notified officer the same day or on a subsequent date. In the circumstances the parties shall bear their own costs. Case remanded.