1. ' SAYED ZAHIt HUSSAIN, J.-- ' On 13-5-2006 declaration of daily "Aainae-Inqilab" was cancelled by the District Coordination Officer, Gujrat due to the allegation of publishing defamatory material for the purpose of blackmailing. It has been assailed through this appeal under section 20 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002.
2. ' One of the grounds urged qua the impugned order is that the appellant was not heard before passing of the impugned order.
3. ' The record was sent for, which is available before me. The learned counsel for the appellant and the learned Additional Advocate-General, Punjab have been heard.
4. ' The perusal of the record shows that order dated 13-5-2006 was passed in absence of the petitioner without hearing him. It is further borne out from the record that though the appellant made a representation before respondent No,1 for reconsideration of the matter, the said representation was rejected on 26-5-2006 due to incompetency of such proceedings and non- presence of the appellant. Since an adverse order was contemplated, the prerequisites as envisaged by section 19 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 were required to be fulfilled before passing of the impugned order. Under the law the District Coordination Officer on forming opinion that any declaration should be cancelled was obliged to give a show-cause notice of the proposed action and to hold an inquiry into the matter whereafter order cancelling the declaration could only be made. This procedure, however, was not followed in the instant case and order impugned was passed on the basis of material brought against the appellant, ex parte. Having not observed the procedure contemplated by law the order is not sustainable. Reference in this context may be made to Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division, Lahore and 2 others (PLD 1971 SC 61) and Mansab Ali v Amir and 3 others (PLD 1971 SC 124). In such view of the matter the order impugned is set aside.
5. Since the impugned order has been set aside on the ground of non-compliance with provisions of section 19 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, the appellant is directed to cause his presence before respondent No,1 on 7-8-2006 for proceedings in the matter and disposal of the complaint against the appellant in accordance with law.
6. ' The appeal is disposed of accordingly.