ASHIQUE RASOOL Versus THE STATE

1. Petitioner having succeeded to the allotment of 4‑1/2 marlas plot in Lahore Township Scheme, through balloting held on 12‑7‑1971 earmarked for general public, factum whereof was confirmed vide letter No.DHO (STS) 71/4895, dated 25‑11‑1971, was required to submit an affidavit on non‑judicial stamp paper worth Rs.5 attested by a First Class Magistrate/Notary Public/Oath Commissioner divulging name with parentage, profession, present address, monthly income, age, particulars of any property owned by or allotted to him or his wife and dependent children with an undertaking to abide by terms and conditions of allotment within a month failing which the offer was liable to be cancelled which eventually did precipitate due to non‑fulfilnient of the formalities within stipulated period, legality whereof was questioned in appeal, whose fate hitherto is unkown, feeling frustrated thereby present petition was recoursed wherein parawise comments submitted by the respondents revealed that consequent upon cancellation of the plot from petitioner's name it was allotted to some body else under Chief Minister's discretionary quota; further during the course of its hearing Raheel Akhtar, Assistant Director and Nawab Khan Bajwa, Superintendent Township Housing and Physical Planning Department, upon query, frankly admitted that for the identical default neither the allotment offers in each and every case were cancelled nor any show‑cause notice preceded the petitioner's cancellation; in view whereof this is an admitted case of discrimination and deprivation of vested right in flagrant violation of the inalienable rule of audi alteram partem which is to be read in every proceedings likely to prejudice or adversely affect some body's rights; factum whereof remains uncontroverted by the learned Additional Advocate‑General appearing on behalf of the respondents; consequently, granting the petition cancellation of the petitioner's allotment offer is hereby declared to be a nullity in the eye of law and of no legal effect. The offer would be deemed to be available to the petitioner and the matter should be taken to its logical conclusion on completion of the requisite formalities within a month's time. Before parting it may be observed that in the event of non‑availability of a plot in Lahore Township, petitioner should be accommodated in any other scheme of the Department. However, there shall be no orders as to costs.

2. M.BA./M‑187/L Petition accepted.