ISHRAT (PVT.) LTD. vs Maulana MUHAMMAD DIN and 3 others
The petitioner filed a petition for leave to appeal against an order of the Peshawar High Court, which had allowed a writ petition filed by the respondents. The core legal question presented for consideration is whether the High Court's order, which set aside a decision of the Commissioner in favour of the petitioner, was passed in violation of the principles of natural justice, specifically because it was issued without notice to the petitioner and without providing them an opportunity of hearing. The Supreme Court granted leave to appeal to examine this procedural irregularity, specifically addressing whether the petitioner was condemned unheard. The Court ordered that the status quo be maintained pending the final adjudication of the appeal. This case underscores the fundamental legal principle that judicial or quasi-judicial orders affecting the rights or interests of a party cannot be passed without affording that party a proper opportunity to be heard, as failure to do so renders the proceedings legally infirm.
- Can a High Court set aside an administrative order in writ jurisdiction without providing notice and an opportunity of hearing to the party in whose favour the order was passed?
- Does the failure to provide a hearing to an affected party constitute a violation of the principle of being condemned unheard?
ORDER
' MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against order dated 4-10-1994 whereby Writ Petition No,856 of 1994 filed by respondents 1 and 2 was allowed by the Peshawar High Court.
2. Learned counsel for petitioner contends that the learned Single Judge in the Peshawar High Court allowed the writ petition filed by respondents 1 and 2 and set aside the order of the Commissioner. Peshawar Division, Peshawar passed in favour of the petitioner without notice and providing opportunity of hearing to him.
3. After hearing learned counsel for petitioner and perusing the impugned order, leave to appeal is granted to consider whether the impugned order passed by the Peshawar High Court prejudicial to the interest of the petitioner was without notice to him and thus he was condemned unheard Status quo to continue meanwhile.
Cited by 1 case
- ABDUL HAQ and otherss vs PROVINCE OF SINDH and others 2000 PLD Karachi 224