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2010 YLR 1928

QASIM KHAN and others vs PROVINCE OF SINDH and others

Citation2010 YLR 1928
CourtSindh High Court
Case No.Constitutional Petition No,D-168 of 2007
Date2009-09-17
Judge(s)Mrs. Yasmeen Abbasey, Abdul Rasheed Kalwar
Resultcase remanded

ORDER

1. ' MRS. YASMIN ABBASEY, J.---Learned counsel for the petitioner states that as respondents Nos. 5 to 69 are formal parties and no notice is required to be served on them for the purpose of disposal of this petition; therefore, their names be deleted. Order accordingly.

2. It is contended by learned counsel for the petitioner that irrespective of issue of grant of land to petitioners, Executive District Officer (Revenue), Sukkur, while taking suo motu action cancelled allotment of disputed land in favour of petitioners without issuance of notice to them and providing opportunity of hearing. By referring cause title of impugned order, it is argued by learned counsel for petitioners that except naming the petitioner in it, addresses of none of the petitioners have been shown therein therefore, the statement made in the impugned order that notices were issued to respondents to produce documentary evidence to substantiate the claim of allotment of land on harap right is a misstatement of fact.

3. ' Although learned Assistant Advocate General has disputed with the fact that notices were not issued to the A petitioners before cancelling their allotment but the contents of impugned order and the cause title referred confirm the fact that when no addresses were available with the Executive District Officer, how notices were issued to them. Even otherwise learned Assistant Advocate General except denial has not satisfactorily explained that how without address of petitioners, notices were issued to them.

4. ' In view of above facts, we are of the view that petitioners were not afforded opportunity of hearing before passing the impugned order, hence impugned order dated 14-2-2007 passed by Executive District Officer (Revenue), Sukkur, is hereby set aside and the case is remanded to him to decide afresh after due notice to petitioners and all concerned with an opportunity to them to place their case.

5. ' Petition stands disposed of along with the listed application.

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