1989 PLP 1171 (CLC)

Abdul Rahim Kazi, A . A .‑G . for Respondent. Date of hearing: 8th August, 1988. AJMAL MIAN,J.‑By this common judgment, we intend to dispose of the above petitions, as in both of the above petitions identical orders dated 21‑7‑1987 have been impugned.

2. It will be pertinent to give the back ground, which led to passing of the impugned orders. It seems that the Petitioners in the two constitutional petitions are stamp‑vendors under licences granted by the Collector. It further seems that for the purpose of selling the stamps the petitioners were allotted separate seats namely, the Petitioner in Constitutional Petition No.D‑53/1988 was allotted Seat No.14 Shed‑"A" whereas the Petitioner in Constitutional Petition No.D‑54/1988 was allotted Seat No.49 in Shed‑"B" which are situated in the compound of the City Courts, Karachi. It also seems that some complaint was made by one Mr. Shahid Kaleemi Advocate to the Deputy Commissioner (South), Karachi, against the present petitioners in which it was alleged that they were indulging in forgeries by fabricating forged Nikahnamas etc. whereupon, it is alleged that the petitioners' above seats were raided and they were arrested by the S. T.M/Officer Incharge Nazarat, after which the impugned order which reads as follows, was passed:‑ "On 18‑7‑1987 undersigned visited your Seat No.14, during the checking you were found preparing forged documents. Rubber Stamps/Seals, Nikahnama etc. were recovered from the drawers of your tables in presence of General Secretary of Bar Association and other Advocates. In the light of above facts, your allotment of Seat No.14, is hereby cancelled according to terms and conditions mentioned in allotment order." The petitioners being aggrieved by the above order have filed the Writ Petitions.

3. It is evident from the above‑quoted order that it has two parts. One relates to the allegation and conclusion that the petitioners were found preparing forged documents, which were recovered along with the rubber stamps/seals, Nikahnamas, etc. from their tables. The other part relates to the cancellation of aforesaid seat numbers.

4. The grievance of the petitioners is that they were condemned unheard inasmuch as no show‑cause notice was issued. It was submitted by Mr. Abdul Rahim Kazi learned A.A.‑G. that in terms of the licence for the seats, the Officer Incharge Nazarat and S.T.M. (South) Karachi had the authority to cancel the licence even without assigning any reason. However, he submits that because the filing of the above petitions and because of the stay orders, the two seats in respect of which licences were cancelled, have not yet been allotted to any third person. Mr. Shamshad Lari learned counsel for the petitioners has vehemently submitted that factually the complainant Mr. Shahid Kaleemi Advocate has written a letter to the S . T . M . (South),Karachi withdrawing his complaint by stating that the aforesaid complaint was made on the basis of some misunderstanding and that the matter is under consideration before the S.T.M. (South).

5. In our view it will be just and proper to remand the case to the S.T.M. with the direction to hear the petitioners on the question, whether the allegations contained in pare‑1 of the order were not true and also to consider the question, whether the aforesaid two seats are to be re‑allirl,$0 to the Petitioners. The Petitioners will have the right to adduce evidence before the S.T.M. in order to A support their contentions. However, in the meantime the two seats shall remain lying vacant and would not be used by the petitioners and will also not be allotted by the S.T.M. (South), till the above questions are decided. The learned S.T.M. (South) may dispose of the above cases within a period of three months. The petitions stand disposed of in the above terms, with no order as to costs. M. Y. H./M‑615/K Case remanded.