Mst. HAJRA vs ADDITIONAL COMMISSIONER (JUDICIAL), KARACHI — 1971 PLD 563

Citation: 1971 PLD 563

Court: Sindh High Court

Year: 1970

Decision Date: 1970-08-21

Parties: Mst. HAJRA vs ADDITIONAL COMMISSIONER (JUDICIAL), KARACHI

Headnotes

Case cited as PLD 1971 Karachi 563

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Abdul Qadir Sheikh Title: Mst. HAJRA vs ADDITIONAL COMMISSIONER (JUDICIAL), KARACHI Case No.: Constitutional Petition No, 403 of 1970 Date of Judgment:1970-08-21 Reported As: PLD 1971 Karachi 563 Result: Petition dismissed JUDGMENT JUDGMENT ABDUL KADIR SHAIKH, A. C. J.--The petitioner, Mst. Hajra, has challenged the order of the Additional Commissioner (Judicial) Karachi, dated the 6th of July 1970, passed in the delegated exercise of authority under section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956, requisitioning her property, namely Bungalow No, C-45, Kutchi Memon Co- operative Housing Society, Karachi. The first contention raised by the learned counsel for the petitioner was that no notice as required under section 3(1) of the Act was given to the petitioner, and she was thus deprived of the precious right of being heard to show cause against the proposed action; the impugned order thus being contrary to law is liable to be quashed on this ground alone. It was then contended 'that the Additional Commissioner of Karachi not being the Commissioner, was not even competent to pass the impugned order. The learned counsel next contended that it was necessary that the purpose for which the property was requisitioned, should have been stated in the impugned notification itself, because no order under subsection (1) of section 3 could be passed, unless in the opinion of the…

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