1. ' IMAM ALI G. KAZI, J.---The petitioner who is an Advocate by profession was allotted a plot bearing No,104-C, Khayaban-e-Badar (Phase VII), by the Respondents on 25th January, 1978 for services rendered by him to the Society as was permitted by its bye-laws. The allotment was followed by execution of sub-lease in Form 'A' on 4th February, 1978. It appears that after the reconstitution of the Pakistan Defence Officers Housing Authority by President's Order No,7 of 1980, the respondents were by its Article 17(h) authorised to cancel allotment and transfer of plots whether residential or commercial issued in contravention of the bye-laws of the Society or the resolution of the Managing Committee of the Society. The respondents by their Letter No,L/A-19960/PLD, dated 14th April, 1988 after a lapse of 10 years informed the petitioner that the Executive Board of the Authority had cancelled his allotment of Plot No,104-C, Khayaban-e-Badar, Phase-WI, measuring 600 sq.
2. Yds. Under Article 17 of the President's Order No,7 of 1980. It is against this order that the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been filed.
3. ' Mr. Abul Inam, Advocate for the petitioner, mainly contended that the first proviso of Article 17(h) of the said President's Order enables the Society to cancel only the allotments and not the leases executed by the defunct-society. In this case the respondents have cancelled allotment of a plot in respect of which the Society had already executed lease in Form `A'. He has referred to the case of Muhammad Arshad Jalil v. Pakistan Defence Officers Housing Authority and another PLD 1992 Kar.
304. It may be noted that the Bench that decided this case one of us was a member of that Bench.
4. ' Mr. Raja M. Arshad, Advocate for respondents, vehemently supported the order of cancellation and stated that it is only the leases executed in the name of society, club and foundation before the dissolution of the society that the same are validated and taken to be the leases executed and grants made in the name of the Authority under Article 17(c) of the said Order.
5. ' Sub-Article (h) of Article 17 is indeed an independent article and first proviso of it authorises the Authority to cancel certain allotments only that were issued in contravention of bye-laws of the Society or the resolution of the Managing Committee of the Society. The case referred to by Mr. Abul Inam, Advocate for the petitioner, is applicable to the facts of the present case as lease had been executed in favour of the petitioner.
6. ' In view of above we declared the order impugned in this petition to have been passed without lawful authority and to be of no legal effect. The petition is allowed with no order as to the costs.