Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Auction for renting out residential unit---Delivery of possession---Petitioner claimed to be the highest auction bidder of the residential unit, whereas the respondent stated that the unit was taken by the petitioner on rent by suppressing material facts and misrepresentation---Documents produced by the petitioner did not show that the unit was allotted in his favour---Effect---Where the premises in question was very small and the documents did not show that the same was allotted to the petitioner, High Court declined to issue any direction to the Authorities for delivery of possession to him---Petition was dismissed in circumstances. JUDGMENT On the basis of an auction for renting out residential Unit No.23 for rental purposes, the petitioner claims to have given the highest offer of Rs.900 per month, as a consequence of which, he seeks a direction to the respondents for the delivery of possession thereof. 2. It is the case of the petitioner that he having given the highest bid, the officials/respondents are duty bound to deliver him the possession of the said unit which is in possession of respondent No.4, whereas the case of respondent No.4 is that it is a small residential unit which was obtained by the petitioner on rent by suppressing material facts and misrepresenting that he had no other property and that he was acting and fighting for one Ilam Din, with whom, there was background of long litigation with respondent No.4. It is contended by the learned counsel that the petitioner is neither entitled to relief from this Court in writ jurisdiction nor this Court can embark upon to resolve the factual controversies. 3. In the context of the prayer made by the petitioner, I need not enter into the controversial factual realm of the matter nor can this Court embark upon such inquiry but one thing is quite evident that civil litigation regarding the same residential unit have been going on between the parties. On 16-11-1983, the Chief Administrator of Auqaf Department after canceling of the tenancy from the name of Akbar Ali Shah had transferred the same in favour of respondent No.4.…

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