2004 PLP 1597 (YLR)

Nemo for Respondent. SHABBIR AHMAD, J.‑‑

The petitioner has invoked the Constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan with the following reliefs:‑‑ "(1) Declare the impugned orders dated 25‑3‑2000 and 27‑6‑2000 passed by so called competent authority are illegal, mala fide and having no legal effect. (2) Direct the respondents Nos.1 and 2 to comply the judicial order dated 23‑12‑1991 and grant alternative plot to petitioner as ordered. (3) Grant any other relief as deemed fit and proper under the circumstances of the case." The case of the petitioner is that he was leased out an area of 1153 sq. yds. In Model Colony, Karachi, out of Sheet No.23, Karachi for one year 1966‑67 for residential purpose by the then Deputy Commissioner, Karachi. Subsequently, lease was renewed for further one year 1967‑

68. Thereafter, the lease was not renewed, which prompted the petitioner to file Civil Petition No.220 of 1991 before this Court, which was not pressed with permission to avail the remedy before the revenue hierarchy. The Member, Board of Revenue, by order dated 23‑12‑1991 directed the Revenue Department (Deputy Commis sioner) for allotment of an alternate plot of 1153 sq.yds. in the same locality on the same terms and conditions. The petitioner approached by Deputy Commissioner, Karachi through various representations with no result. Ultimately the petitioner received a letter dated 25‑5‑2002, whereby, he was informed that request for the grant of alternate plot for residential purpose has been rejected by the competent authority. The petitioner was also served with another letter dated 27‑6‑2002 by Member Land Utilization informing him that the case was submitted to the Governor for orders, who rejected his request for the grant of alternate plot for residential purpose. Hence the petitioner filed the present petition. We have heard the learned counsel for the petitioner. The main thrust of the arguments of the learned counsel for the parties was that the judicial order has been struck down by the administrative order without notice to the petitioner. His further contention was that the judicial order cannot be set aside on the administrative side. The contentions of the parties are tenable. The orders dated 25‑5‑2002 and 27‑6‑2002 passed against the petitioner, whereby direction of Member. Board of Revenue passed on judicial side has been rescinded without notice to the petitioner; which offends the principles of natural justice enshrined in audi alterm partem. Consequently, we hold that the impugned orders are illegal and without lawful authority, as such the same are set aside, as a consequence thereof the petition in. terms of prayer clause (1) is allowed, however, with no order as to costs. M.H./M‑24/K Petition allowed.