CLC 1993

1993CLC740 (PLP)

Dr. MOULA BUX JAMALI‑‑‑Petitioner Versus PAKISTAN EMPLOYEES COOPERATIVE HOUSING SOCIETY

Jurisdiction / Court
Karachi
Decided Date
Constitutional Petition No.D‑868 of 1984, heard on 22nd November, 1990.
Honorable Judges
Nasir Aslam Zahid and Muhammad Aslam Arain, JJ
Case Reference Summary (AEO Optimized)
Citation 1993CLC740 (PLP)
Forum / Court Karachi
Bench Members Nasir Aslam Zahid and Muhammad Aslam Arain, JJ
Parties Dr. MOULA BUX JAMALI‑‑‑Petitioner Versus PAKISTAN EMPLOYEES COOPERATIVE HOUSING SOCIETY
Primary Law Constitution of Pakistan (1973)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1993CLC740 (PLP)?

This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1993CLC740 (PLP)?

The case was heard and decided by the Karachi bench comprising: Nasir Aslam Zahid and Muhammad Aslam Arain, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1993CLC740 (PLP) (Dr. MOULA BUX JAMALI‑‑‑Petitioner Versus PAKISTAN EMPLOYEES COOPERATIVE HOUSING SOCIETY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)‑‑‑

Representation

  • Rasheed A. Akhund for Petitioner.
  • M.M. Pirzada for Respondents.
  • Date of hearing: 22nd November, 1990.

Headnotes / Summary

‑‑‑‑Art. 199‑‑‑Administrator of Housing Society cancelling allotment of plot without affording allottee opportunity of hearing‑‑‑High Court in Constitutional jurisdiction setting aside order of cancellation and directing Administrator to hear petitioner as well as all concerned parties before taking a final decision in the matter.

Judgment & Decree

Rasheed A. Akhund for Petitioner. M.M. Pirzada for Respondents. Date of hearing: 22nd November, 1990. NASIR ASLAM ZAHID, J: ‑‑This petition raises the same points as have been raised in Petition No.D‑370/90. As adverse action had been taken against the petitioner in respect of the plot in question without affording the petitioner an opportunity of showing cause before action was taken, we are of the view that the impugned order is liable to be set aside and the Administrator of the PECHS be directed to take final decision regarding cancellation after hearing the petitioner and other concerned/interested parties. The said Petition No.D‑370/90 was also disposed of accordingly.

2. This Constitutional petition is, therefore, disposed of as follows:‑ (a) The order of the Administrator PECH Society cancelling the plot of the petitioner is set aside. (b) The Administrator, after hearing the petitioners and all other interested parties, will decide the question whether the petitioners' case was covered by the recommendations of the Enquiry Committee and whether any action is warranted keeping in view the facts of the case and principles of natural justice and then finally take a decision about the cancellation of the plot. There will be no order as to costs. KBA./M‑1573/K Order accordingly.