MUHAMMAD KHALID ALI KHAN vs COURT OF MINISTER OF COOPERATION, SINDH Ss

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MUHAMMAD KHALID ALI KHAN VS COURT OF MINISTER OF COOPERATION, SINDH Ss.54-a, 56 & 64-a---Respondent filed representation before Registrar Cooperative Societies who made an award in her favour---Petitioner filed appeal against the said award which was allowed by Registrar Cooperative Societies---Respondent filed appeal before Minister for Cooperative Department who remanded the matter to the Registrar---Held, that Registrar while allowing the appeal of the petitioner simply observed that since the respondent had failed to appear before him thus there was no cogent reason to proceed with the case and thereafter set aside the award---Minister while remanding the case to Registrar categorically observed that since both the parties possessed documents in their fovour to prove their claim as to ownership, the matter required detailed deliberation on the part of Registrar---Petitioner previously approached the High Court and the Bench directed the Minister to decide his appeal---Documents in possession of both the parties could only be thrashed out by a competent authority after examining the parties, recording evidence and authenticating the documents---Order of the Registrar was not a speaking order and his observation could not be held in accordance with law---Revisional power vested in Minister of the Provincial Government was to correct/rectify the administrative acts of subordinate officials of the Department, hence said proceeding before the Minister was coram non judice---Since the order of the appellate authority was also part of the instant proceeding, the same could be examined for passing an appropriate order---Said appellate authority had ex parte set aside the award in a slipshod manner and without giving any reason in support of his decision---Record showed that the award was passed after considering the rival pleadings and evidence adduced by both the parties---Constitutional petition was disposed of directing the Registrar to decide the matter in accordance with law after granting opportunity of hearing to both the parties.

MUHAMMAD KHALID ALI KHAN vs COURT OF MINISTER OF COOPERATION, SINDH Ss — 2022 CLC 1054 KARACHI-HIGH-COURT-SINDH

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