| Case ID |
179fe901-28c9-4b54-bb30-ad6b284d3d56 |
| Body |
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| Case Number |
Constitutional Petition No. 1083 of 1975 |
| Decision Date |
Aug 08, 1978 |
| Hearing Date |
|
| Decision |
The case was remanded for a rehearing of the appeal by the competent authority. The court found that the petitioner was not given a proper opportunity to present his case, which violated principles of natural justice. The original order was set aside, and the case was directed to be referred to the appropriate authority for a fair hearing, ensuring that all parties, including the petitioner, were notified and given a chance to be heard. The status quo was to be maintained until further orders. |
| Summary |
In this pivotal constitutional petition, the Sindh High Court addressed critical issues surrounding property rights, rehabilitation, and due process under the law. The case involved Muhammad Rafique Khan challenging the Settlement Commissioner's order regarding non-evacuee properties. The court emphasized the importance of natural justice, stating that the petitioner had not been properly notified or given the opportunity to contest the order affecting his property rights. The judgment highlights the significance of adhering to established legal procedures and the necessity for competent authority in property disputes. The remand for rehearing underlines the court's commitment to ensuring fair access to justice for all parties involved in land disputes. This case serves as a reminder of the legal safeguards in place to protect property rights and the need for transparency and accountability in administrative decisions. Keywords: constitutional petition, property rights, natural justice, land disputes, due process, Sindh High Court, rehabilitation laws. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Z.A. CHANNA, J
|
| Lawyers |
Mr. Akhtar Mahmood,
Mr. Imam Ali Kazi,
Mr. S. M. Raza
|
| Petitioners |
Muhammad Rafique Khan
|
| Respondents |
The Settlement Commissioner (Land), Sukkur,
Aid 2 Other
|
| Citations |
1980 SLD 1632,
1980 CLC 359
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
|