Law:

Section:

(a) Constitution of Pakistan (1972), Art. 186(3)-Question whether there had been due publicity for impugned auction-A question of fact-Question having been concurrently answered by the lower Courts, in negative. Supreme Court declined to interfere with finding. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20(3)-Revision, suo motu-Person not' applicant for transfer of particular evacuee property-Has no locus standi to challenge its disposal by public auction-Settlement Commissioner if however, exercising suo motu powers of revision, on irregularity being brought to his notice, his action would not he open to objection. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal is directed against an order made by a learned Single Judge of the Lahore High Court in Writ Petition No. 946-R of 1965 in respect of 1/24th share in Qadiria Flour Mills, Jhang Bazar, Lyallpur. The share in dispute was put to open public auction on 11-12-1964 and purchased by the petitioner Abdur Rashid for Its. 17,000, as against the reserve price of Rs. 10,000. The two respondents objected to the confirmation of the auction, alleging that several irregularities had been committed in conducting the same, but the learned Additional Settlement Commissioner rejected these objections and confirmed the auction by his order dated the 15th February 1965. Thereupon, the respondents filed an appeal before the Settlement Commissioner which was, however, converted into a revision petition and accepted by him on the 5th July 1965, holding that due publicity had not beers given to the auction and, therefore, it was in violation of the prescribed rules and procedure. The learned Settlement Commissioner, accordingly, set aside the auction in favour of the petitioner and directed that fresh auction be held. Aggrieved by this order of -the learned Settlement Commis­sioner, the petitioner invoked the writ jurisdiction of the High Court, but his petition was dismissed by a learned Single Judge, observing that the Settlement Commissioner was right in setting aside the auction for want of due publicity and non­compliance with the prescribed procedure. In support of the…

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