MUHAMMAD ZAHOORUL HAQ, J.--This petition has called into question the order dated 22-7-1975 which the petitioners were asked by respondent No. 2 to remove the encroachment of his shop in Block No. 7 Scheme No. 24 Gulshan-e-Iqbal, Karachi and the order dated 3-5-1978 passed by the same respondent rejecting his review application.
2. Mr. S.H. Kizilbash, Advocate for the respondents, opposed this petition. The only ground taken by the petitioner in this petition is that the petitioner has not been heard before the order dated 3-5- 1978 was passed in his review petition and thereby provisions of section 4(2) of Sind Public Property (Removal of Encroachment) Act, 1975 have not been complied with inasmuch as it is a requirement of law that an opportunity to the person who has filed the review petition has to be given and he had to be heard which was not done in this case.
3. Mr.S.H.Kizilbash, Advocate took up the position that the review petition was taken into consideration and that, therefore, it was sufficient compliance of section 4 (2) of the said Act of 1975. We are sorry that we cannot accept such interpretation of the said subsection (2). The subsection (2) clearly requires an opportunity of hearing to the person who has filed the petition and admittedly the petitioner has not been heard. The law does not say that only the review petition will be taken into consideration without hearing the petitioner. Such being the position, we hold that the order passed on 3rd May, 1978 rejecting the review application of the petitioner is without lawful authority and is hereby set aside and the review petition of the petitioner is treated to be pending with respondent No.
2. The same will be decided by the respondent No. 2 after hearing the petitioner. The petition is allowed with costs.