' According to learned counsel, the petitioner purchased land measuring nine Marlas 75 square feet in Gulshan Ravi Scheme, Lahore from its original owner by paying its price. Attention of Court has been drawn to sale-deed, Annexure-A, which shows that the petitioner, Muhammad Rashid purchased the land from Muhammad Umar for valuable consideration. On the basis of aforesaid document, exemption was allowed to the petitioner on 26-2-1978 by the L.DA. Vide Letter No, BR/6436, Annexure C. This exemption was, however, withdrawn vide Letter No, BR-121/10458 dated 25-6-1983 (Annexure E). The validity of this order has been assailed by the petitioner by moving this petition. It is argued that the impugned order is a nullity in law inasmuch as no opportunity of hearing was given to the petitioner while depriving him of his property. Learned Legal Advisor of L.DA. Opposes this petition by stating that the remedy of the petitioner to get relief lies before the L.D.A.
2. After hearing the learned counsel for the parties and going through record, I am of the view that the sale-deed referred to above does give rights to the petitioner to claim the exemption. This exemption was as a matter of fact, allowed by the competent Authority to the petitioner vide Annexure C. It is evident that the exemption letter was cancelled by issuing the impugned order on 25-6-1983 (Annexure E) without affording an opportunity of hearing to the petitioner. The petitioner was thus condemned unheard which is against the principles of natural justice. This being so, the impugned order is set aside by declaring it without lawful authority and of no legal consequence. A direction shall issue to the respondent to decide the claim of the petitioner in the light of sale-deed and exemption letter already issued to him within two weeks. With these remarks, this petition succeeds and is allowed.