Law:

Section:

Constitution of Pakistan (1962), Art. 98-Auction-Auction duly confirmed in favour of highest bidder but subsequently, on large-scale public resentment, set aside by appellate authority and re-­auction ordered-Held, auction not having been conducted in proper manner High Court was justified in refusing to interfere in its writ jurisdiction. Muhammad Ibrahim Memon, Advocate-on-Record for Appellant. Jamaluddin Ahmad, Additional Advocate-General, Sind (Osman Ghani Rashid, Asstt. Advocate-General and S. Hamid Hussain, Advocate Supreme Court with him) instructed by Shafiq Ahmad, Advocate-on-Record for Respondent No. 1. K. A. Ghani, Advocate-on-Record for Respondent No. 3. Respondents Nos. 2 and 4 to 14 : Ex parte. Date of hearing : 10th February 1972. JUDGMENT SAJIAD AHMAD, J.-In this appeal, by .special leave, the dispute relates to a plot of land bearing No. 58, measuring about 2,567 square feet, situated at Sarhari, Taluka Shahdadpur, for which the appellant had bid successfully at an open auction held by the Revenue authorities on the 5th of January 1965, his being the highest bid at 32 Paisas per square foot. The auction was duly confirmed by the Deputy Commissioner, Sanghar, in favour of the appellant on the 14th of June 1965, followed by an ijazatnama in his name on the 20th of June 1965. The appellant also claims to have put up a construction on the plot. Subse­quently, a suit was filed by respondent No. 3 against the appellant in a civil Court for an injunction that he should be restrained from digging on the plot without any right. This suit was dismissed. Respondent No. 3 then filed an appeal before the Additional Commissioner, Hyderabad, by which he challenged, the validity of the auction made in favour of the appellant, oil the ground that it had been held without dud publicity under the rules, and that he came to know about it only after the appel­lant had filed his written statement in the civil suit. This appeal was allowed by Additional Commissioner of Hyderabad on the 14th of May 1969, and in the result the auction was set aside, and it was ordered that the plot be re-auctioned. The appellant filed a revision before a Member of the Board of Revenue,…

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