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2007 PLD 79

Messrs AL-MAHMUDIA (PVT.) LTD. vs PAKISTAN through Secretary, Ministry of

Petitioner: Messrs AL-MAHMUDIA (PVT.) LTD. VS Respondent: PAKISTAN through Secretary, Ministry of Housing and Works, Islamabad and others

Court: Supreme Court of Pakistan Decision Date: 2006-09-14

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Iftikhar Muhammad Chaudhry, Abdul Hameed Dogar, Sayed Saeed

Ashhad Title:Messrs AL-MAHMUDIA (PVT.) LTD. vs PAKISTAN through Secretary, Ministry of Housing and Works, Islamabad and others Case No.: Civil Petition No,788 of 2006 Date of Judgment:2006-09-14 Reported As: PLD 2007 Supreme Court 79 Result: Petition dismissed Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition has been filed against the judgment dated 5- 6-2006 passed by Lahore High Court, Rawalpindi Bench. 2. Learned counsel stated that in view of the judgment in the case of Federation of Pakistan through Secretary Education v. Pr. Dr. Anwar and 2 others 2006 SCM R 382 the petitioner is entitled for hearing before the competent authority by way of submitting his reply. In this behalf it may be noted that a larger Bench of this Court earlier delivered a judgment in the case of Federation of Pakistan v. Muhammad Tariq Prizada and 2 others 1999 SCM R 2744 and settled that hearing before Section Officer is sufficient. Relying upon the same judgment, learned High Court had observed that hearing before Section Officer will meet the requirements of Article 32 Order PO(1) 1983. 2-A. We are inclined to agree with the judgment delivered by a larger Bench comparing the judgment which has been relied upon by the learned counsel, therefore, the earlier view taken in Tariq Pirzada's case (ibid) is approved and petition is dismissed holding that the High Court had rightly declined to interfere in the impugned order following the law laid down in the judgment delivered by a larger Bench of this Court. ' Petition is dismissed and leave declined.

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