1980 PLP 204 (SCMR)

G. SAFDAR SHAH, J.‑The background of this case is that the Nanbais of Peshawar, as a measure of convenience, formed themselves into an Association and appointed one Haji Pir Bakhsh as its President in the year 1970. Now the main function of the Association was that its President Haji Pir Bakhsh used to collect from the Government 645 bags of Atta and distribute the same to the members of the Association. In due course Haji Pir Bakhsh was removed as President of the Association and in his place the petitioner was appointed as President. He; therefore, continued to collect from the Government 645 bags of Atta for distribution amongst his members. Bat in September 1977, the Deputy Commissioner, Peshawar, reduced the said quota by 165 bags and allotted the same to respondents 4 and

5. Faced with this situation the petitioner filed a writ petition in the High Court which was admitted to hearing and in the meanwhile the operation of the order of the Deputy Commissioner was stayed. However, before the petition came tip for final hearing the said order was withdrawn by the Deputy Commissioner with the result that the petition became infructuous and was accordingly dismissed on 16‑10‑1977. On 21‑11‑1977, however, the Deputy Commissioner passed a fresh order reducing the quota of the petitioner by 165 bags which he allotted to respondents 4 and

5. Not only this but by an order dated 27‑12‑1977, the Deputy Commissioner cancelled the licence. issued in the name of the previous President of the Association, namely, Haji Pir Bakhsh, and consequently the petitioner as successor of Haji Pir Bakhsh, challenged the said order of the Deputy Commissioner in the High Court, amongst others, on the ground that he had been condemned unheard: By a judgment of the' High Court, dated 22‑3‑1978, however, his writ petition was dismissed. And hence this petition for leave to appeal against the judgment of the High Court. We have heard Mr. Muhammad Afzal Bangash, the learned counsel for the petitioner. Now the finding recorded by the High. Court against the petitioner is that as President of the Nanbais Association, Peshawar, in which capacity he used to collect 645 bags of Atta for distribution to his members, he had no personal right in the matter, and consequently it was idle on his part to contend that before cancelling the said licence the Deputy Commissioner was obliged to serve him with a show‑cause notice, and affore him an opportunity of hearing. In view of the facts and circumstances of this case, we are in respectful agreement with the said finding recorded in the High Court. And when the learned counsel was questioned as to how he could possibly object to the said finding he frankly conceded that he would be unable to do so. In this view of the matter he did not press the petition and prayed that he be allowed to withdraw the same. This petition, therefore, fails and is dismissed was as withdrawn. Petition dismissed as withdrawn.