AMANULLAH BAZAI vs DIRECTOR GENERAL OF MINES AND MINERAL (DEV — 2021 PLD 45 QUETTA-HIGH-COURT-BALOCHISTAN

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AMANULLAH BAZAI VS DIRECTOR GENERAL OF MINES AND MINERAL (DEV.) DEPARTMENT, BALOCHISTAN Rr. 57, 70, 83 & 90---Constitution of Pakistan, Art. 199---Constitutional petition---Condemned unheard---Show-cause notice---Necessary ingredients---Petitioner was aggrieved of cancellation of his Prospecting Licence for coal---Plea raised by petitioner was that no notice was issued by authorities before cancelling his licence---Validity---Before any action was taken, affected party was to be given a notice to show cause against proposed action and to seek his explanation, as the same was sine qua non of right of fair hearing---Any order passed without giving notice was against principles of natural justice and was void ab initio---Before taking any action, it was right of a person to know the facts, as without knowing facts of case no one could defend himself---Right to notice meant right of being known---Right to know facts of suit or case was to happen at start of any hearing and notice was a must to start a hearing---Notice was to contain time, place and date of hearing, jurisdiction under which case was filed, charges and proposed action against person---All such things were to be included in notice to make it proper and adequate---Whenever statute made it clear that notice was to be issued to party and if no compliance or failure to give notice occurred, the same had made that act void---Non-issue of notice or any defective service of notice did not affect jurisdiction of authority but had violated principles of natural justice---Cancellation orders passed by authorities were illegal, perverse to record and arbitrary---High Court set aside orders passed by authorities as the same were void and of no legal effect---Constitutional petition was dismissed, in circumstances.

AMANULLAH BAZAI vs DIRECTOR GENERAL OF MINES AND MINERAL (DEV — 2021 PLD 45 QUETTA-HIGH-COURT-BALOCHISTAN

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