Al Wakeelo
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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ZAFAR PERVEZ SHEIKH VS Respondent: LAHORE DEVELOPMENT AUTHORITY through Director General, Lahore and 3 others
Court Name: Lahore High Court Judge(s): Mian Saqib Nisar Title:ZAFAR PERVEZ SHEIKH vs LAHORE DEVELOPMENT AUTHORITY through Director
General, Lahore and 3 others Case No.: Writ Petition No,15577 of 2001 Date of Judgment:2003-02-16 Reported As: 2003 MLD 1939 Result: Order accordingly Judgment ORDER ' The main grievance of the petitioner is that the letter dated 4-10-2000, Annexure 'I', whereby exemption of his plot has been cancelled/withdrawn, was passed without providing an opportunity of hearing to him, despite the fact that in the earlier correspondence between the parties, this allotment had been acknowledged, and in pursuance thereof the petitioner had also deposited certain amount with the respondent LDA. Moreover, the entitlement of the petitioner has been acknowledged not only in the correspondence attached with this writ petition, but also in the comments filed by the LDA, on the question, whether the petitioner is entitled to this plot or some other plot. 2. Learned counsel for the respondent LDA, when confronted, has not been able to establish from the record, if the opportunity of hearing, had been given to the petitioner before the letter Annexure 'I', was issued. Resultantly, such letter is declared to be without jurisdiction and without lawful authority. The respondent-Department is directed to issue the petitioner a proper show-cause notice, and shall decide the matter afresh, after hearing the petitioner, keeping into account all the evidence brought before it. Disposed of.
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