' Brief facts relevant for disposal of this writ petition are that the posts of Nikah Registrars in Wards Nos.4 and 5 of Noorpur Noranga Union Council fall vacant. The petitioner and respondent No,3 submitted application before respondent No,2 for grant of licence of Nikah Registrar. After conducting thorough inquiry respondent No,2 appointed petitioner as Nikah Registrar for Wards Nos.4 and 5 of the said Union Council for one year w,e,f, 24-10-1998 while respondent No,3 was appointed as Nikah Registrar at Moaza Chandrani (Gharbi). The petitioner after depositing the requisite fee received Nikah Register from the Government Depot. The licence granted to the petitioner was however, cancelled vide order, dated 6-11-1998 and respondent No,3 was appointed in place of petitioner as Nikah Registrar of Wards Nos.4 and 5 of Noorpur Noranga. According to the averments of petition this order was not conveyed to the petitioner and after about seven months, he came to know about the cancellation of his licence on 13-5-1999. The petitioner filed appeal before Controlling Authority, which was dismissed vide order, dated 31-7-1999. Hence this petition.
2. In response to pre-admission notice issued by this Court, respondent No,3 entered appearance alongwith his counsel Syed Saleem-ud-Din Aftab, Advocate. I have heard the learned counsel for the parties at length and have perused the record. This case is, therefore, being decided as a notice case.
3. The only question to be determined is whether the licence granted under Rule 7(3) of West Pakistan Family Law Rules can be revoked if there is no contravention of any of conditions of the licence granted under the Rules. Both the petitioner as well as respondent No,3 were granted licence to act as Nikah Registrar in different part of the Union Council Noorpur Noranga. The petitioner was to act as Nikah Registrar for Wards Nos.4 and 5 of Union Council Noranga and respondent No,3 was appointed as Nikah Registrar of Moaza Chandrani (Gharbi). The petitioner was appointed as Nikah Registrar under Rule 7 of West Pakistan Family Laws Rules, which is reproduced as under:-- "7(1) Any person competent to solemnise a marriage under Muslim Law may apply to the Union Council for the grant of a licence to act as Nikah Registrar under section 5.
(2) If the Union Council, after making such inquiries as it may consider necessary, is satisfied that the applicant is a fit and proper person for the grant of a licence, it may, subject to the conditions specified therein, grant a licence to him in Form I.
(3) A licence granted under this Rule shall be permanent and shall be revocable only for contravention of any of the conditions of a licence granted under this Rule.
(4) If any person to whom a licence has been granted under this Rules contravenes any of the conditions of such licence, he shall be punishable with simple imprisonment for a term, which may extend to one month or with fine which may extend to two hundred rupees or with both."
Perusal of order, dated 6-11-1998 passed by Administrator, Union Council, Noorpur Noranga shows that the proceedings against the petitioner were mainly initiated on the recommendation of Member, Provincial Assembly. There is no finding recorded by the Administrator about the contravention of any condition of licence. The petitioner was granted licence on 24-10-1997, but the same was cancelled on 6-11-1998 just after 13 days by the same authority who granted the licence.
The learned counsel for respondent has failed to refer any provision or authority under which an Administrator could review his own order, when petitioner had not acted in contravention of any conditions enumerated in the licence itself. The learned counsel for petitioner has specifically pointed out that during these 13 days no Nikah was registered in Nikah Register retained by him; then it is not disclosed that under what circumstances the Administrator came to the conclusion that the petitioner was not fit to act as Nikah Registrar. There appear no contravention of any of the condition of licence granted to the petitioner under the Rules. The learned counsel for respondent No,3 has also failed to point out any such contravention.
4. In view of what has been discussed above, this writ petition is allowed, order, dated 6-11-1998 passed by Administrator, Union Council, Noorpur Noranga and 31-7-1999 passed by Assistant Commissioner/Collector, Bahawalpur are not sustainable and the same are declared to have been passed without lawful authority and of no legal effect. The same are set aside. The parties shall bear their own costs.