Law: West Pakistan General Clauses Act, (IV of 1956)

Section: 8

Law: West Pakistan General Clauses Act, (IV of 1956)

Section: 8

Law: Limitation Act, 1908

Section: 12

West Pakistan General Clauses Act (VI of 1956) -------S. 8---Limitation Act (IX of 1908), S.12---Constitution of Pakistan, Art.199---Constitutional petition---Auction of plot of Housing Scheme---Successful bidder---Deposit of price of plot---Limitation---Scope---Secretary Housing Committee forfeited earnest money deposited by the petitioners on the ground that they had not deposited 1/3rd amount of price of plots in question within seven days after holding of auction in their favour---Validity---Auction of plots in question was held on 11-4-2012---Petitioners were successful bidders of said plots and they were required to deposit 1/3rd price of the same within seven days---Petitioners deposited cost of plots on 18-4-2012 in favour of authorities---Day when auction proceedings were held was not to be reckoned and counted towards the time within which a successful bidder was to deposit the price at which auction of a particular plot, item, article etc was done---Successful bidder had right to take a second look before committing himself irrevocably and for the same he must have sufficient time at his disposal to brood and rethink about his final act---Petitioner must have seven clear days after the due date when auction proceedings were held in which he turned out to be the highest and successful bidder---Petitioners did not violate the terms and conditions prescribed for auction of plots while depositing price of the same on 18-4-2012---Impugned order was issued without lawful authority and without jurisdiction which was illegal, unlawful having no legal effect---Petitioners were entitled for transfer of plots in question subject to fulfilling other terms and conditions of auction with regard to deposit of balance price---Constitutional petition was accepted in circumstances. Rao Jamshaid Ali Khan for Petitioners. Muhammad Javed Saeed Pirzada, A.A.-G. with Masood Shahid, Housing Management Officer, PHATA, Multan for Respondents. ORDER MAHMOOD AHMAD BHATTI, J.--- Through this writ petition, Abdul Rehman and Muhammad Ashraf, the petitioners challenged the legality, correctness and validity of the edict dated 31-12-2012 contained in Memo. Nos.540 and 541 issued by…

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