1993 MLD 1745 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IQBAL VS MANAGER (AUQAF) EAST Constitution of Pakistan 1973--199 , Sindh Waqf Properties Ordinance 1979--10 , Sindh Waqf Properties Ordinance 1979--9 , ----Ss. 8, 9 & 10---Constitution of Pakistan (1973), Art.199---Principles of natural justice---Violation of---Shop in possession of petitioner as tenant under Authority, was put to auction on allegation of sub-letting and after the auction same was handed over to auction-purchaser by Authority without issuing petitioner any show-cause notice and without affording him any opportunity of hearing before taking action against him---Action against petitioner was taken by Authority in violation of principles of natural justice and even otherwise under Ss.8 & 9 of Ordinance, 1979, Authority was under statutory obligation to serve show-cause notice on petitioner and to afford him opportunity of hearing before taking action against him---Shop in dispute was no more in possession of Authority as same had already been handed over to auction-purchaser--Declaration, though was issued by High Court in favour of petitioner after setting aside order of Authority, but possession of shop in dispute could not be handed over to him by Authority---Court refused to grant effective relief to petitioner despite action taken by Authority resulting in eviction of petitioner from shop in dispute was found to be without lawful authority.